Bhagwati Prasad, J.-Heard.

2. This first appeal arises out of a decision of the Court of Additional District and Sessions Judge No. 3, Jodhpur in Civil Original Suit No. 6/94(48/84).

3. The suit was filed for partition of the properties in between the family members. The suit was filed on the premises that there was a common ancestor Mahadeo Chand. He had three sons; Jugraj Chand, Dilsukh Chand and Mahipal Chand. Jugraj Chand had contracted two marriages. Out of first marriage was born appellant Narendra Bhandari and out of second marriage was born Vinod Bhandari. The suit was filed by second wife of Jugraj Chand but sons being alive, she was not considered entitled to file suit for the purpose, therefore, Vinod Bhandari was impleaded as plaintiff and the suit proceeded.

4. The suit was contested by the appellant Narendra Bhandari. The suit relates to a piece of land apart from other properties. Now the dispute circles around the piece of land situated in Sardarpura property only. The property was in possession of Late Shri Mahadeo Chand. In the erstwhile State of Mewar, the pattas were issued on the basis of possession. While the patta for the disputed land was issued, al