LAWS(RAJ)-2001-4-63

GANPAT MAL DHARIWAL Vs. SUKHRAJ

Decided On April 18, 2001
GANPAT MAL DHARIWAL Appellant
V/S
SUKHRAJ Respondents

JUDGEMENT

(1.) This appeal arises out of the decision of the learned District Judge, Jodhpur dated 20-4-83 passed in Civil Original Case No. 37/1975 whereby the learned District Judge dismissed the suit and refused to grant the decree in favour of the plaintiff-appellant for partition.

(2.) The case of the plaintiff-appellant in the suit was that there is an ancestral house belonging to their deceased father Chandanmalji. The mother has also died. The plaintiff has a share in the ancestral house and the movable property. The appellant-plaintiff claimed that he has one third share because there are three brothers, each one is entitled to have his share in the movable and immovable property.

(3.) The defendants contested the suit and said that the appellant has relinquished his title by Ex. A1 and they further came with the case that they have acquired rights in the property by adverse possession.