KHEMCHAND Vs. BALIRAM

JUDGEMENT

(1.) THIS second appeal has been filed by the plaintiffs having lost from the two Courts below. The original plaintiffs are Khemchand, Hemraj, Likhiram and Mst. Matulbai, wd/o Kashiram Pawar. During the pendency of this appeal Mst. Matulbai-appellant No. 4 died and her L.Rs. have been brought on record.

(2.) THE plaintiffs filed suit that the agricultural land situated in Village Gajandoh, description whereof has been mentioned in para 2 of the plaint, is in the Bhumiswami right of plaintiffs and the defendants had no right, title and interest in the said land. In the alternative, it has also been prayed that if the Court comes to the conclusion that there was no partition, in that case the property situated in village Gajandoh and village Umreth be partitioned between the plaintiffs and defendants.

(3.) THE defendant No. 1 denied the plaint averments and pleaded that Ronya was having land only in village Gajandoh. It has been specifically denied that Ronya was having any land in village Umreth. Indeed, the property situated in village Umreth is the self-acquired property of his father Hariram. The property situated in village Gajandoh is ancestral property and it has not been partitioned. The defendant No. 1 being son of Hariram is entitled for half share of the property situated in village Gajandoh. In has been further pleaded by the defendant that in the revenue papers, the property situated in village Gajandoh has been shown in the joint names of Hariram and Kashiram.