(1.) THIS is an appeal under section 96 of the Code of Civil procedure filed by the defendant no. 1 Shri Poonam Chand Parashar against the judgment and decree dated 11/7/2008 passed by district Judge, Ajmer in a partition suit no. 256/2004 whereby the suit of the respondent-plaintiff Madan Lal Parashar was decreed and the counter claim filed by appellant-defendant no. 1 has been dismissed.
(2.) THE respondent-plaintiff Shri Madan Lal Parashar, father of the appellant-defendant no. 1 and respondent-defendant no. 2 filed a suit for partition in regard to seven properties situated at Pushkar alleging that they are the ancestral properties.
(3.) THE appellant-defendant no. 1 filed a separate written statement wherein by way of counter claim he pleaded that apart from seven properties one more 8th property bearing no. 144/4 situated at Ram Ghat, Bari Basti, Pushkar is also ancestral hindu undivided property and therefore partition of that property was also claimed by the appellant-defendant no. 1 Poonam Chand.