DHANUKHA SINGH Vs. SAUDAGAR SINGH

JUDGEMENT

(1.) This appeal arises out of a suit for partition. The plaintiff who is the son of one Halkhori Singh sued for the partition of several properties which have been described in four schedules in the plaint. The defendants Nos. 1 to 3 are the sons of the plaintiff, and the defendant No. 4 is the wife of the plaintiff. The defendant No 5 was Ramsaran Singh, another son of Halkhori Singh, who died during the pendency of this appeal. The sons of Ramsaran were impleaded as defendants Nos. 6, 7 & 8 in the action. The defendant No, 9 is the son of Ramkeshwar Singh who was another son of Halkhori Singh, and the defendants Nos. 10 to 12 are the sons of defendant No. 9. Besides these defendants, there are another set of defendants, namely, the defendants third party, and they have been described in the plaint as the co-sharers of the plaintiff and the defendants first and second parties in respect of several properties sought to be partitioned. Khatas Nos. 51 and 52 are included within Schedule No. 3 of the plaint, and partition is sought with regard to these khatas as well.

(2.) Besides other defendants, the suit was resisted by the defendants Nos. 18 to 21, and their defence was confined to khatas Nos. 51 and 52. The plea set up by these defendants was that khatas Nos, 51 and 52, were property which had been acquired by Mana Singh, the deceased brother of the defendants 18 and 19 and the father of the defendants Nos. 20 and 21. The contention urged on their behalf is that the plaintiff or the defendants first and second parties could not seek a partition of these lands, inasmuch as these lands were the exclusive property of Mana Singh and had been acquired by him under certain sale-deeds.

(3.) The learned Subordinate Judge after examining the evidence with regard to the lands of khatas Nos. 51 and 52 came to the conclusion that Mana Singh was a mere farzidar for Halkhori Singh, the ancestor of the plaintiff and the defendants first and second parties, and the father of Ramkeshwar Siigh, Ramsaran Singh and Saudagar Singh.