RAM PRAKASH Vs. SHYAMLAL AND ORS.

JUDGEMENT

(1.) THIS appeal under Section 96 C.P.C. is directed against the judgment and decree dated 23.09.2002 passed by Additional District Judge No. 3, Jodhpur, whereby, the suit filed by the appellant -plaintiffs seeking partition has been rejected.

(2.) THE facts in brief may be noticed thus: the plaintiffs father and son respectively filed a suit on 16.07.1999 against defendant No. 1 brother of plaintiff No. 1, his wife and son and impleaded his own daughters as defendant Nos. 4 and 5 and purchasers of part of the suit property as defendant Nos. 6 and 7, with the averments that father of the plaintiff No. 1 and defendant No. 1 -Shivlal purchased properties situated at 'Sardarpura' and outside 'Sojati Gate' from the money received from Kishanlal (his father). Ram Prakash (plaintiff No. 1), Om Prakash, Nenulal and Shyamlal (defendant No. 1), sons were borne to Shivlal among which, Om Prakash and Nenulal died issueless. The properties purchased by Shivlal from money received from Kishanlal (his father) were ancestral and Joint Hindu Family properties, it was not possible for the parties to live jointly, the plaintiffs came to know that the property situated at 'Sardarpura' has been transferred on 06.07.1999, the plaintiffs' share in the property situated at 'Sardarpura' and 'Sojati Gate' be determined, decree for their share be passed and part of the consideration regarding the properties sold may also be decreed.

(3.) THE trial court framed as many as 22 issues. On behalf of the plaintiffs, 4 witnesses were examined and 24 documents were exhibited. On behalf of defendants, 2 witnesses were examined and 21 documents were exhibited.