Honble GOYAL, J.–Since these two appeals filed by the appellant-defendant No.1 Mrs. T. Crauford, one against the preliminary decree dated 9.9.1996 and another against final decree dated 19.2.1998 passed by Additional District Judge No. 8, Jaipur City, Jaipur in a partition suit No. 282/1996, therefore both the appeals have been heard together and are being decided by this common judgment.

(2). Brief facts giving rise to these appeals are that plaintiff-respondents (hereinafter to be referred as the plaintiffs) filed a suit for partition in the court of District Judge, Jaipur City, Jaipur on 4.1.1986 seeking the relief against the appellant-defendant No. 1 T. Crauford (hereinafter to be referred as the defendant No. 1) in regard to a bungalow commonly known as `kaptan sahab ka bangla situated at Amritpuri, Agro Road, Jaipur stating therein that parties of the suit are sons and daughters of Mrs. E. Disilva, one of the daughter and legal heir of Late Captain R. Alexander. The mother of the parties Smt. E. Disilva expired in the year 1940 who was entitled to 1/4th share in the property of her father. It was also stated that other three heirs of late Captain R. Alexander namely Mr. P. Al

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