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2006 Supreme(Raj) 849

S.P.PATHAK
Laxman Singh – Appellant
Versus
Himmat Singh – Respondent


Advocates Appeared
Rakesh Arora, for Appellant;
Rameshwar Chauhan, for Respondent No. 1;
Ms. Shalini, for Respondents Nos. 2 & 4

Honble PATHAK, J.—The present case reflects a sad state of affair involving fight mainly between the real brothers, who are the sons of erstwhile Jagirdar of Badi Sadri.

(2). The facts relating to the properties, which are subject matter of the suit are voluminous, but I am concentrating only on essential facts to the extent relevant for appreciating the legal issues arising for decision of this case. The parties, for the sake of convenience, have been referred as original parties.

(3). The suit filed by plaintiff Laxman Singh, the appellant herein, for partition of ancestral and joint properties, declaration and permanent injunction, stated that the plaintiff and Defendants No. 1 to 3 are the real brothers, whose father Jagirdar Kalyan Singh expired on 8.12.1944 when they were minor and their mother expired on 20.4.1995. It was further stated that the properties mentioned in the lists attached with the suit came in ownership of their father from ancestors and as at the time of death of their father they were minor the Mewar State appointed Court of Ward in the year 1945 and same continued till coming into force of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 and the








































































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