Judgment Bapna, J.-This is an application for certificate that the case is a fit one for appeal to Ijlas-i-khas against the decree of the former High Court of Jodbpur, dated 4th February 1949. The petition is opposed by the respondent, and therefore it is necessary to go into this question at s(sic) length.

2. The petitioners were plaintiffs in a suit for declaration that they were entitled to a half share in the Jagir held by one Swaroop Singh, the common ancestor of the plaintiffs and the defendants, and they prayed for injunction that the defendants, who were the owners of the remaining half , should not interfere with the realisation of the Jagir income according to the share to which they were entitled as aforesaid. The defendants admitted the plaintiffs share to be only one-third in the Jagir left by their common ancestor, Swaroop Singb and claimed the remaining two-third share for themselves. The plea was that Swaroop Singh had three sons, Anar Singh by the first wife, and Bag Singh and Dan Singh by the other, and that on the death of Bag Singh his share, which had been separated, was inherited by Dan Singh. The trial Court decreed the suit on a finding that there had been n

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