RAO SARDARSINGH Vs. RAO VISHALSINGH

JUDGEMENT

(1.) 1. The facts necessary for the disposal of this second appeal are briefly as under: Mahal No. 1 of Mouza Hirapur, Tahsil and District Narsinghpur was originally owned by two brothers, Rao Dhirajsingh and Rao Anantsingh. The former had mortgaged his undivided half to one Kanakmal who foreclosed the mortgage in 1897-98 and soon after got an imperfect partition made. Ex. P-24 is the map prepared at this partition showing the two pattis, that of Kanakmal as No. 1/1 coloured red and the other of Anantsingh as No. 1/2 coloured blue. At this partition there was also a shamlat patti made which included only a muafi khairati holding.

(2.) IN 1901 the plaintiffs purchased Kanakmal's patti and it is their case that since the partition the lands in dispute as described in para. 8 of the plaint have been held by their predecessor and themselves exclusively, but that by mistake they were recorded in the shamlat patti at the recent settlement. The plaintiffs therefore brought the suit out of which this second appeal arises in the Court of the Additional District Judge, Narsinghpur, for amendment of the settlement record as per original partition, so as to declare the fields in suit as belonging exclusively to themselves.

(3.) A fair idea of the pleadings of the parties would be gathered from the following issues on which the parties went to trial: