KISHANLAL Vs. GAYARAM

JUDGEMENT

(1.) THE plaintiff/appellants have come up in appeal aggrieved by the judgment and decree of the lower appellate court dismissing their suit for declaration of title in reversal of the decree of the trial court which had decreed the suit.

(2.) THE plaintiff/appellants and the defendant/respondents, all the four are real brothers, being the sons of late Raghunath Prasad. The suit holding is situated in village Waman-Wazna, Tehsil Sabalgarh which, prior to the abolition of proprietary rights on 2-10-1951, formed part of Zamindari of late Raghunath Prasad. Raghunth Prasad expired on or about 10-7-1949, in any case before the abolition pf Zamindaris.

(3.) THE case of the plaintiffs was that Gayaram, defendant/respondent No. 1, had separated from his father during his life time and on the date of abolition of Zamindaris, the suit land was exclusively in possession of the plaintiffs and hence the rights in the land survived to them alone, to the exclusion of defendant No. 1 Gayaram, defendant No. 1, denied the case of the plaintiffs and submitted that the suit land was jointly owned and possessed by the four heirs of late Raghunath Prasad and hence there was no question of the plaintiff/appellants being conferred with Pakka tenancy rights on the abolition of Zamindaris. Lalaram, defendant/respondent No. 2 admitted in toto the plaint averments.