HEMSINGH Vs. MOTISINGH

JUDGEMENT

(1.) THIS is a revision by Hem Singh defendant, and has arisen in the following circumstances.

(2.) A suit was brought by Moti Singh and others opposite parties against the defendant applicant for a declaration that they were juna jagirdars, and their jagir should not be taken into consideration in the decree for partition obtained by Hem Singh. The suit related to village Sela. The land in this village is divided into three shares, One-fourth belongs to the State and is khalsa; one-fourth belonged to Bhawani Singh and one-half to Hem Singh. The khalsa share was separated long ago, while the two jagirdars held their shares jointly. A suit was brought by Sheonath Singh, grand-father of Hemsing for partition of his half share, and this was decreed. When the partition began to be effected, the plaintiffs who claimed to be juna jagirdars, objected that their lands should not be taken into account in effecting the partition. This prayer was rejected, thereupon the present suit was filed by the plaintiffs for a declaration that they were juna jagirdars, and their lands were not covered by the decree of partition passed by the revenue court.