GANESHI DEVI Vs. MURARI LAL

JUDGEMENT

(1.) This is unsuccessful plaintiffs' regular second appeal.

(2.) The plaintiffs filed a suit for possession by partition of the properties as detailed in the plaint. According to the plaintiffs, one Sawan Ram was the owner of the property. On his death, Jeewan Ram and Morari Lal succeeded to his estate. On the death of Jeevan Ram, Ganeshi Devi and others-plaintiffs have succeeded to the estate of Jeevan Ram. The property in dispute was joint property of Jeewan Ram (when he was alive) and Morari Lal defendant in equal shares. This way the plaintiffs are owners to the extent of 1/2 share in the joint properties and so entitled to get it partitioned.

(3.) The defendant contested the claim as set up by the plaintiffs and stated that the suit properties stand partitioned on the basis of oral family arrangement which arrangement has been subsequently incorporated in a memorandum of partition dated 15.9.1978 and so from that date both the set of owners are in possession of the property to the exclusion of each other which fell to their share.