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2000 Supreme(Raj) 1445

RAJESH BALIA
Daulatram – Appellant
Versus
Board of Revenue – Respondent


Advocates:
For the Appellants:D.R. Bhandari, Advocate.
For the Respondents:O.P. Singariya, Addl. Govt. Advocate, M.S. Singhvi, Advocate.

JUDGMENT

1. - The petitioners are the sons of late Shiv Bux, who was defendant in the suit filed by respondent No. 4 Devisingh since deceased and now represented by his legal representa tives and respondent No. 5 Ganpatsingh, for partition of land in' question situated at Ghatiyawali Tehsil Chittorgarh. In the suit, the plaintiffs-respondents have averred that Shiv Bux had three sons viz., Bhoorsingh, Daulatram and Sajjansingh. Bhoorsingh was his eldest son. The plaintiffs claimed themselves to be the sons of Bhoorsingh and the property in question to be ancestral. On this premise, while claiming ⅓rd share in the property, as would have been share of their father Bhoorsingh in is life time on partition of the property. It was alleged that Bhoorsingh had died during the period when plaintiffs were minors and taking advantage of their minority, after the death of Shivbux, the land in question has been mutated in the name of defendants-petitioners only. It was further alleged that when they demanded their share in the property on 25-1-1993 from the defendants-petitioners, they refused and therefore, the present suit was filed on 26-3-1973 in the Court of Assistant Collector, Chittorga














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