N.M. KASLIWAL, J.—This appeal by the plaintiff Manohar Singh is directed against the judgment and decree of learned District Judge, Udaipur dated 11.7.1975. When the suit was filed Manohar Singh had claimed 1/3 share in the immovable property which consisted of a house belonging to the Joint Hindu Family. According to the plaintiff Manohar Singh the house was a Joint Hindu Family Property in which he, his brother Ganeshlal and their mother Badanbai had 1/3 share each. It may be mentioned at this stage that one Khubi-lal had purchased 1/2 share of Ganeshlal in an auction sale in a decree against Ganeshlal. A preliminary decree was passed by Senior Civil Judge, Udaipur on 2. 6. 1960 declaring 1/3 share of the plaintiff in the joint family property. An appeal was preferred against this judgment by the legal representatives of Khubi-lal and this Court by judgments dated 30.9.1970 in S.B. Civil Regular First Appeal No. 144/60 Basantilal vs. Manohar Singh and others, set aside the judgment and decree passed by the Civil Judge and remanded the case for giving a decision afresh. After the remand of the case Smt. Badanbai expired and in these circumstances learned District Judge held that b

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