RAMESH CHOUDHARY Vs. ARVIND KUMAR

JUDGEMENT

(1.) THIS first appeal under Sec. 96 CPC has been filed against the judgment and decree dt. 11.8.1988 passed by Additional District Judge No. 4, Jaipur City. Jaipur dismissing the suit for partition filed by Durga Lal, the predecessor in interest of the appellants -plaintiffs (hereinafter 'the plaintiff). The facts of the case are that the plaintiff filed a civil suit for partition of House No. 3795, Moti Singh Bhomiyon ka Rasta, Jaipur belonging to one late Laxmi, Narayan -the ancestor of the plaintiff and the defendant Nos. 1 to 4. The property was admittedly the self acquired property of Laxmi Narayan, who expired in 1935. The map of the house of which the partition was sought was annexed with the suit. It was submitted that since House No. 3795, Moti Singh Bhomiyon ka Rasta, Jaipur was the joint property of the descendants of Laxmi Narayan there was some confusion between them which could be resolved by an appropriate judgment and decree dividing the property in equal measure by way of a decree of partition.

(2.) ON service of notice, written statement of denial of plaintiff's case was filed by all the defendants. It was stated that House No. 3795, Moti Singh Bhomiyon ka Rasta, Jaipur belonging to late Laxmi Narayan, who had expired in 1935, had already been orally partitioned in 1963 and consequently the suit for partition laid in the year 1980 was not maintainable and therefore be dismissed.

(3.) WHETHER the plaintiff has got 1/5 share in the disputed property?