JUDGMENT

VENKATACHALA, J—(On behalf of himself and Kuldip Singh, J.):- Raghunath who had lands comprised in Khasra Nos. 2, 5/1 and 6/1 situated in village Madangir, Delhi, as his holding died in the year 1952 leaving behind Vidya Devi alias Vidya Vati, widow of his predeceased first son Ram Narain, his second son Dev Raj and his third son Prem Prakash, as his legal heirs to inherit his holding. When in the year 1953-54 a jamabandi of that village was held, entry in the revenue records pertaining to the said holding was changed from the name of Raghunath to the names of Vidya Devi, Dev Raj and Prem Prakash. With the coming into force of the Delhi Land Reforms Act, 1954- the Act, respecting the area of the lands within which the said holding fell, a declaration having been made is required under that Act and the Rules made thereunder on 1st February, 1958 that the said Vidya Devi alias Vidya Vati, Dev Raj and Prem Prakash were the co-bhumidhars of that holding, they became the co-bhumidhars each entitled to one -third share thereof.

2. However, on 9th October, 1975 Vidya Devi, filed a suit as plaintiff therein for partition of her one-third share and separate possession in the said ho