BHANWARLAL Vs. MANOBAI

JUDGEMENT

(1.) This appeal under Sec. 100 of the CPC has been preferred by defendants No.1 to 10 against the judgment and decree dtd. 23/9/2022 passed in RCA No. 139/2019 by the Ist Additional District Judge, Narsinghgarh, District Rajgarh arising out of the judgment and decree dtd. 29/4/2019 passed in RCS No.3/2018 by the Ist Civil Judge, Class-I Narsinghgarh, District Rajgarh.

(2.) For the purpose of understating the dispute between the parties their genealogical tree is material which is as under : <IMG>JUDGEMENT_176_LAWS(MPH)3_2023_1.JPG</IMG>

(3.) The plaintiffs, heirs of deceased Jairam, instituted an action for declaration, partition and delivery of separate possession of their 1/3rd share in the suit lands. They submitted that the suit lands are ancestral lands of the parties but their proceedings for partition in respect of the same have been illegally dismissed by the revenue Courts who have directed them to approach the Civil Court in view of dispute as regards title. It was submitted that upon death of Kaniram, his son Jairam and after him the plaintiffs have 1/3rd share in the suit lands but defendants have been illegally recorded over 3/4th of the same.