JETHMAL SINGH Vs. RANJEET SINGH

JUDGEMENT

(1.) THIS is an appeal by Jethmal Singh and others against the decree of Additional District Judge, Jodhpur, in a suit for partition by the plaintiffs-respondents. The suit was filed by five persons, namely, Ranjeet Singh, Virad Singh, Surat Singh, Karan Singh and Lakhji, and they claimed half share in village Moderdi and prayed for partition of their share. The plaintiffs said that the original holder of the village was one Binjaji who had two sons, Baluji and Jagannathji. The plaintiffs claimed to be the descendants of Baluji and said that the defendants were the descendants of Jagannathji. Therefore, the plaintiffs claimed half share in the village Moderdi and prayed for its partition.

(2.) FOUR of the defendants admitted the plaintiffs' claim, namely, Asu Singh, Hukan Singh, Bher Singh and Ajit Singh. The other defendants whose number was twenty-two denied the plaintiffs' claim. They said nothing about the pedigree table; but their case was that though the plaintiffs had some land in village Moderdi, that land was their separate property, and that the parties never held any land or jagir jointly. One of the defendants, No. 26, was a minor and an advocate was appointed on his behalf. The main issue in the case was whether the jagir of Moderdi was held jointly by the parties, and if so, whether the plaintiffs had half share in it. This issue was decided in favour of the plaintiffs. There were some issues on point of law, which were also decided in favour of the plaintiffs and a preliminary decree for partition of the plaintiffs' half share in the property was passed in their favour. Hence this appeal by the defendants.