M. C. JAIN, J.

( 1 ) THIS is an appeal by defendant 1 against the judgment and decree dated October 29. 1971, of the District Judge, Jaipur District, Jaipur, affirming the judgment and decree of the Civil Judge, Jaipur District, Jaipur dated September 30, 1970.

( 2 ) THE plaintiff Lalli Lal, respondent 1, instituted a suit on 11-3-1964 for partition against the appellant Damodar Lal, defendant 1, and Shyam Sundar and Shri Mohan, defendants 2 and 3. The plaintiff gave the following pedigree table of the family in para 1 of the plaint,- the immovable property sought to be partitioned, was of Murli Dhar, who died in the year 1923. His brothers Govind Narain and Laxmi Narain predeceased him. Sagra alias Bohonri Bai and Parwati were the daughters of Laxmi Narain. Parwati died issueless. The plaintiff thus alleged that after the death of Murli Dhar, the plaintiff and the defendants 1 and 3 and the father of defendant 2, became the owners of the property of the deceased Murli Dhar. Khushwakt Rai died in the year 1939. In this manner the plaintiff and the defendants became the owners of the property of Murli Dhar, described in para 2 of the plaint. The plaintiff claimed one-fourth