SURAJ NARAIN Vs. DEBI NARAIN

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff for modification of the decree of the lower court. The defendants have filed cross-objections for setting aside the decree.

(2.) THE appellant Suraj Narain instituted a suit in the court of Civil Judge, Jaipur District, on 4-3-1948, against Debi Narain and his three brothers Ganesh Narain, Suraj Narain and Chandmal, on the allegation that there was temple of Shri Sita Ramji at Jhontwara along with a Nohara attached thereto, of which the plaintiff on the one hand and the defendants on the other were joint owners. THE plaintiff claimed a half share, and partition of the temple and the Nohara. He, also claimed Rs. 558/- as mesne profits, arising out of the leasing of the Nohara and the shops under it, and which the defendants were said to have realised for themselves.