BHARGAVA, J.—This is an appeal from the judgement of the Senior Civil Judge No. 1, Jodhpur, dismissing the plaintiffs suit for partition and recovery of rent.

2. For the proper appreciation of the facts, the following pedigree showing the relationship of the parties is set out below:

Udaichand

Dharamchand (died issue less) Kewalchand Zorawarmal

Umraochand (Plaintiff) along with his sons and grand sons Dhanpatchand died in Smt. 2009 Migsar Vadi 2= 3-11-1952 Inderchand (Deft. 1 along with his sons grandsons (Defts. 2 to 5)

Himmatmal(D.W.12) Chandanmal

Mohanmal Sumatmal

UgamChand(D.6) ManoharChand(D.7) ParasChand(D.9) PrakashChand(D.9) PremChand(D.10) PratapChand(D.11)

ShantiChand(D.12) MahaveerChand(D.13) RikhabChand(D.14) MunniChand(D.15)

Bhapalchand(D.12) Bhagchand(D.3) SumerChand(D.4) SubodhChand(D.5)

3. In this suit, Umraochand his sons and grandsons have claimed partition of a house mentioned in Schedule A alleging that they have half share in it and the remaining half belongs to defendants Nos. 6 to 16. They have also claimed arrears of rent to the extent of their half share from defendants Nos. 1 to 5 on basis of a rent-note dated 18-2-40 exec

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