RAMADIN JITRAI RATHOR Vs. GOKULPRASAD

JUDGEMENT

(1.) THIS is plaintiff's appeal from the decree dismissing his suit No. 3a of 1952 for declaration.

(2.) THE fields in dispute are mentioned in the plaint Schedule B. They were purchased in the name of the plaintiff by sale-deeds, dated 20-5-1921, 19-4-1925, 26-10-1925, 11-1-1928, 29-3-1928 and 8-5-1935, Exs. P-9 to P-15. The case of the plaintiff was that the fields were acquired by him from his separate funds and formed his exclusive property.

(3.) THE defendants are the sons of Ramlal, younger brother of the plaintiff. The plaintiff had four more brothers, Puriram, Phudgu, Saheblal and Fulchand. The joint family property of the six brothers was divided by the Panchas by an award, dated 31-1-1921. The fields allotted to the plaintiff and Ramlal are mentioned in schedule A of the plaint. These fields, however, were always recorded jointly in their names in the village papers. Schedule C of the plaint sets out the fields acquired by the two brothers in their joint names by sale-deeds, dated 24-5-1927, 1-6-1928 and 14-6-1928. A house was allotted to Ramlal and a Baithak to the plaintiff, but the plaintiff continued to live jointly with Ramlal.