N.K. JAIN, J.—This first appeal is directed against the judgment and decree of learned Distt. Judge, Merta dt. 2.6.90 in civil original suit no. 18/87.

2. The brief facts that give rise to this appeal as alleged by the appellants are that with regard to mine no. 36 Chak Dangari in town Makarana measuring 230 x 70 ft. of which a Patta was granted to the plaintiff Noor Mohammed by erstwhile Jodhpur Stale on 12.9.1938, It was alleged that rest of the plaintiffs Nizamudin and Bilaludin had also ownership right over the said mine and were in possession through the patta which was executed in the name of the plaintiff Noor Mohammed. It was also alleged that half of the portion of mine in the north side measuring 115 x 70 ft. fell in share of Gulam Mustafa s/o Chotu in partition marked as A B C D in the map and the other portion marked as A B E F in the map which was in their possession. It was also alleged that the plaintiff No. 1 Noor Mohammed took adjoining mine no, 36A situated in the west side of the mine no. 36 vide lease deed dt. 31.3.78 measuring 230 x 60 ft. on yearly basis. The plaintiff Noor Mohammed agreed to sale 1/4 of the mine no. 36 measuring 57 x 70 ft. in favour of late U

Click Here to Read the rest of this document