UMRAOCHAND Vs. INDERCHAND

JUDGEMENT

(1.) THIS is an appeal from the judgment of the Senior Civil Judge No. 1 Jodhpur, dismissing the plaintiffs suit for partition and recovery of arrears of rent.

(2.) FOR the proper appreciation of the facts, the following pedigree showing the relationship of the parties is set out below: Udaichand

(3.) THIS state of affairs continued upto June, 1954, when plaintiff No. 1 served a notice Ex.P -3 dated 11.6.54 on defendant No. 1 claiming rent and ejectment. In reply to this notice, defendont No. 1 asserted that the partition -deed of 16.2.40 and the rent -note of 11.2.40 were sham and collusive documents which were brought into being to defeat his creditor Lalchand and to save his property from being sold in that debt. It was also asserted that the house mentioned in sehedule A was also divided amongst the brothers at the time of the earlier partition of 31st July, 1934, and separate memoranda were written in the Bahis of each of them. On receiving this reply, plaintiff Umraochand asked the sons of Dhanpatchand to join with him in instituting a suit against Inderchand but they declined and fell in line with Inder Chand taking up the same plea. Umraochand and his sons, therefore, instituted the present suit on the above allegations.