Judgement

Appeal from a judgment and order of the Court of the Judicial Commissioner (April 19, 1917), reversing a decree of the District Judge of Nimar, at Kandwa.

The suit was brought by the first respondent and a purchaser from him, alleging that certain property in the possession of the appellant (since deceased) was joint family property, as to which the first respondent and his brothers (also respondents) were entitled to partition. The property, as described in the plaint, included two muafi villages, Nandia and Pangra, and two malguzari villages, Piplod and Jirwan. The main question in the appeal was whether the property was partible or whether the deceased appellant as the eldest son of the last holder had been entitled to it according to the rule of primogeniture. The family were Rajputs settled in the Nimar district, Central Provinces, for several centuries. The material facts (with a pedigree) appear from the judgment of the Judicial Committee.

There was no dispute in the appeal that the eldest male representative of the eldest branch was entitled to the title of Rana and was installed on the gaddi, and there was evidence to show that the family had been a ruling family