Honble KOTHARI, J.–These two cross appeal arise out of the impugned judgment and decree of partition dated 18.02.1981, whereby the learned Additional District and Sessions Judge No. 6, Jaipur decreed the suit for partition filed by Abdul Kadar S/o Ismail Khan, Smt. Hameedan and Smt. Nazeeran against the defendant No. 1 Kamruddin, purchaser of a portion of the property in the possession of defendant No. 2 Abdul Basheer, defendant No. 3 Abdul Hakeem and defendant No. 4 Abdullah, all later three being sons of Azimulla, who was son of Ismail from his first wife.

(2). The plaintiffs are descendants from the second wife of Ismail Khan and during the pendency of the suit itself, the son Abdul Kadar died and his LRs, namely plaintiff No. 1/1 Abdul Kareem and 1/2 Abdul Shakoor were brought on record.

(3). The plaintiffs Abdul Kadar and others filed the suit on 05.07.1979 claiming share in the property left by Ismail Khan, namely 4 shops situated at Chaukdi Topkhana Hazuri, Jaipur having Chabutara infront of the said four shops and some construction on the two shops on the first floor and second floor. According to the plaint, the said Ismail Khan, who expired in the year 1915, i.e. 09.08.1915

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