Bhandari, J.—This second appeal has been referred to a Division Bench by Ranawat, J. as it involves an important point of law relating to res judicata and has come before us for hearing.

2. For the proper understanding of the case, the following pedigree table is given—

Shah Shankarlal

Pannalal(widow Lalkunwarbai) Chakchand Maganlal

Jowaharlal(Deft. No. 1).

Chhhganlal(Plaintiff) Kesrimal(Deft. No. 2) Shantilal(Deft. No. 3) Kantilal(Deft. No. 4)

3. On the 4th of April, 1942, Chhaganlal filed the present suit in the court of Sadar Devani Raj Devgarh, Partapgarh State. It is alleged in the plaint that in Smt. 1956 a partition had taken place amonst the three sons of Shankarlal by which one house situated opposite the house of Bhuraji in the town of Partapgarh was allotted to the share of Maganlal while another house situated in Gopalganj was jointly allotted to Pannalal and Chokchand and the movable property remained in the possession of the widow of Panna Lal. This partition was confirmed by the parties subsequently. The house in Gopalganj remained in the possession of Pannalal and Chokchand. Pannalal died issueless and Chokchand died leaving four sons. After the death of Chokcha

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