LAXMAN DANGI Vs. HARI SINGH AND OTHERS

JUDGEMENT

(1.) The appellant/plaintiff has filed this appeal being aggrieved by the judgment and decree dated 29.6.2000 passed in Civil Appeal No.57-A/1998 by the 3rd Addl. District Judge, Khargone, and decree dated 10.11.1997 passed by Civil Judge, Class-II, Khargone by which suit as well as First Appeal both have been dismissed.

(2.) The facts of the case, in short, for effective disposal of this appeal are as under .

(3.) The defendants jointly filed the written statement and refuted the claim of the plaintiff by submitting that the partition between Shankersingh and Sitaram had been taken place in the year 1933 by which Sitaram kept only 5 Acres of land and relinquished the rights in favour of Shankersingh. Sitaram filed an application before the Tehsildar which has been dismissed on 10.3.1981. The aforesaid pleading was made in the written statement by way of amendment.