Sheo Bandhan Singh – Appellant
Versus
Sahdeo Prasad Singh – Respondent
JUDGMENT
1. These second appeals are brought by the plaintiffs against decree of the lower appellate Court. The plaintiffs brought three suits on the allegation that the plaintiffs belonged to two branches of the family of Ajaib Singh and the defendant Pudai Singh now represented by his son Sahadeo Singh belonged to the third branch. The plaintiffs alleged that this family was joint up to the year 1322 F when there was a partition. The plaintiffs alleged that some property remained undivided in that partition, and accordingly they sued for partition of that undivided property. Further the plaintiffs alleged that some property allotted to them in the partition was in the possession of the defendant and some of these suits are brought on that basis. The defence mainly was that in 1308 F there had been a partition, and that the partition set up by the plaintiffs in 1322 F was untrue. On behalf of the plaintiffs certain chithas were produced which gave details of property allotted to the plaintiffs in the partition of 1322 F. The defence, on the other hand, produced a deed of relinquishment of the date of that partition which showed that certain items of property allotted in the chithas
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