DWARKA PRASAD, J.~-This second appeal arises out of a suit for possession of a shop, situated in Dhan Mandi in the town of Phalodi.

2. The case of the plaintiffs was that they were owners of the shop in dispute. As the tenant Chandan Mal denied the title of the plaintiffs and claimed that he was a tenant of Shrimati Dhanni, they filed a suit for ejectment against him which was dismissed on the ground that the relationship of landlord and tenant was not proved between the parties. An appeal filed by them met the same fate and in second appeal this Court observed that in the absence of the relationship of landlord and tenant between the parties, the plaintiffs could seek a remedy by means of a separate suit to establish their title, if they thought that they had a title to the property in dispute. The present suit for possession was, therefore, filed by the plaintiffs on May 16, 1960 against Chandan Mal and Snot. Dhanni Bai.

3. The plaintiffs and Shrimati Dhanni Bai are descendants of a common ancestor, Girdharilal. The pedigree of the parties is as under : —

Girdharilal

Thakursi Bhawarsi Rajuji

Igyaram

Parwati

(widow) Hazarimal Punji

(Pannalal)

Shivnarain Jaikishan

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