GAPPU UMED DESWALI Vs. RAMSINGH DEVISINGH

JUDGEMENT

(1.) THIS second appeal arises out of a suit for ejectment and arrears of rent. The parties to this dispute however belonged to the family with common ancestor Umed. Umed had three sons Devisingh, Govind and Gappu. Devisingh had two sons Ramsingh and Fakirchand. Fakirchand is dead leaving behind three sons Hardeo, Nensingh and Ishwar. Ramsingh and these three sons of Fakirchand are the Respondents. These four persons of the branch of Devisingh filed the present suit for recovery of rent in respect of the field known as 'Odhiwala' in the village Manpur alleging that there had been partition between the three branches of Devisingh, Govind and Gappu about 25 or 30 years back and the ancestral property had been divided and each branch was put in separate possession of the property falling to its share. The land known as 'Odhiwala' had been divided into two partsone falling to the share of Govind and the other falling to the share of Devisingh.

(2.) LANDS at Undawa and Kakriya had fallen to the share of the Defendant. The portion of the land known as Odhiwala which had fallen to Devisingh's share measured 1.6 acres and bore Khasra No. 395/1 -1. About six years prior to the date of the suit this portion of the land known as 'Odhiwala' bearing Khasra No. 395/1 -1 was given by the Plaintiffs to Defendant Gappu on rent at the rate of Rs.35 per annum. The Defendant had agreed to pay the rent Rs.35 P. A. every year and further had agreed to pay the revenue in respect of the same. The Defendant however did not pay any rent from the beginning of the creation of the tenancy in spite of notice to that effect. The Plaintiffs were entitled to rent in respect of six years but the claim in suit was confined to last three years as the rest of the claim had become barred by time.