1. The ancestry of the litigating parties may be noted.

2. Jit Singh filed a suit for partition of a plot of land admeasuring 1200 sq.yds. assigned No.1572 in village Magholpur Kalan stating that the village was commonly known as Mangolpur Kalan and that their ancestors were the proprietors of vast land in said village and were biswedars i.e. co-sharers of the abadi land in the village, on which they had a house and gher/ghitwar. The ancestory was stated to be as per the afore-noted pedigree table. It was stated that during the settlement of the abadi, effected in the village in the year 1880, the afore-noted plot number was assigned to the land in possession of their ancestors. Alleging that the holding was joint, partition thereof was sought. Right of Ghasi, Jawahar Singh and Jit Singh was pleaded to be 1/3rd each.

3. On the death of Jit Singh his wife, sons and daughter

were substituted as the plaintiffs being his legal heirs.

4. The children of Ghasi opposed the claim alleging that they were the exclusive owners of the land and that the children of Chajju had separated long before they, i.e. children of Ghasi attained majority.

5. No written statement was