This is a defendants second appeal in a suit for partition. The appellants are respectively Krishna Pal Singh, defendant no. 3; Smt. Savitri Devi, Km Sushma, Km. Babli and Papoo, legal representatives of deceased Mahendra Pal Singh, defendant no. 4; and Jogendra Pal Singh, defendants no. 6.

A cross objection filed by Ram Niwaz, defendant no. 1, on 15th March, 1974 was rejected by this Courts order dated 9th July, 1974 on account of insufficiency of Court fees.

The land in suit appears to have been taken on lease on 19th February, 1951 jointly by the plaintiffs and the defendants from the then Zamindar before the abolition of Zamindari, but it appears that after the abolition of Zamindari, ihe parties obtained a Bhumidhari Sanad and became bhumidhars of the land. The plaintiffs claimed l/5th share in the land in suit. There are constructions-on the land which are in two parts; one towards north and the other towards-south. The land in between the two sets of constructions is vacant.

The first defendant admitted the plaintiffs claim but pleaded that he had never refused to partition the property out of Court, and prayed that his l/5th share may also be separated.

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