CHIRANJI LAL Vs. PRABHU LAL

JUDGEMENT

(1.) THIS is a defendants' second appeal arising out of a suit for partition of 'Birad Jajmani'.

(2.) THE parties are 'Braham Bhats' and their profession is to keep a record of the pedegrees of their clients by visiting them off and on They receive presents at the time of making entries. They are descendants of the same ancestor. A preliminary decree for partition of the books defining their shares has already been passed and the dispute now is only regarding the actual division of books. The trial court appointed a commissioner in this connection who suggested partition of the 'Birad Jajmani' by allotting categories of clients to the respective parties The defendants filed objections that there should have been division of books rather than allotment of clients to one party or the other This objection was, however, disallowed and on appeal by the defendants the learned Senior Civil Judge No. 2, Jaipur City also concurred in the view taken by the trial court. Hence this appeal.

(3.) ACCORDINGLY , I allow this appeal in part, set aside, the division of the 'Birad Jajmani' by allotting the clients to one party or the other, and direct that the partition be carried out by division of books. In the circumstances of the case there will be no order as to costs. Let the file of the case be sent to the trial court for carrying out partition in accordance with the directions contained in this judgment.