(1.) The appellants, visited with a judgment and decree of partition dated 29.05.1987, have brought the same for judicial scrutiny of this Court, by way of preferring the present appeal under Section 96 of the Code of Civil Procedure, 1908.
(2.) The genesis of the dispute of course lies in the property; being shop No.1 and 'Nohra' No.1 of Sangariya, District Sri Ganganagar, half of which had devolved upon them as claimed by the plaintiffs. The plaintiffs respondent No.1 to 3 herein, asserting devolution of said 'Nohra' and shop by virtue of testamentary declaration Will dated 20.06.1964, executed by one Smt. Surti Devi, instituted a suit for partition and recovery of possession.
(3.) The factual canvass of the case, with a view to deal with the questions and issues raised in the present appeal, is laid hereinfra :-