1. - Case called for hearing. No one is present on behalf of the respondents.

2. Heard learned counsel for the appellant.

3. This regular first appeal under Section 96 of the Code of Civil Procedure , on behalf of the defendant no.1, was filed being aggrieved with the judgment and decree dated 15.07.1991 passed by the Additional District & Sessions Judge No.2, Ajmer, in Civil Suit No.103/83, whereby suit of plaintiff-respondent No.2 Yogesh Chand Pathak for partition of the disputed property was dismissed by the trial court.

4. Briefly stated the facts of the case are that plaintiff-respondent No.2 Yogesh Chand Pathak filed a suit for partition in respect of disputed property i.e. plot of land bearing No.25, with adjacent land as described in Para 2 of the plaint, in the court of District Judge, Ajmer, wherein it was pleaded that the disputed property was purchased by Smt. Bhagwati Devi, the mother of plaintiff and defendant No.2 and wife of defendant No.1, from one Daya Shankar Bhargava through registered sale-deed dated 4th May 1967. Smt. Bhagwati Devi was the exclusive owner and in possession of the said property. She expired on 20th July 1978 without having made any gift o