Hon'ble TRIVEDI, J.—Both these appeals have come up for the re-consideration in view of the judgment and order dated 21.10.05 passed by the Division Bench in the DB Civil Special Appeal No. 20/86.

2. The factual matrix of these appeals is narrated as under :-

2(i) The appellants of the S.B. Civil First Appeal No. 56/74 Smt. Rukmani Devi & Sampat Devi,(original plaintiffs) filed a civil suit being No. 70/73 (14/68) against Shri Nand Kishore and others, the respondents in the said Appeal, (original defendants) in the Court of Addl. District Judge, Court No.1, Jaipur (hereinafter referred to as “the trial court”)seeking partition of the properties mentioned in para 4 of the plaint and seeking declaration that the plaintiffs were entitled to the one-fourth share in the said properties, and seeking further prayer that the plaintiffs be put in separate possession of their share in the said properties. It appears that the said plaint was subsequently amended by the plaintiffs for seeking one-fifth share in the said properties. The properties mentioned in para 4 of the plaint were (a) one building, known as G.N. Bhawar Lal Photographer building, situated on the southern side of the Mirza Ism

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