S. S. SAMWATSAR, J.

( 1 ) THIS appeal is filed by the plaintiff, challenging judgment and decree dated 19-10-84, passed by Addl. District Judge, Neemuch to the Court of District Judge, Mandsaur in C. A. N. 27-A of 70, whereby the appellate Court has reversed the judgment and decree dated 9-5-70 passed by Civil Judge, Class II Neemuch in c. S. No. 95-A of 66.

( 2 ) THE brief facts of the case are that the appellant-plaintiff has filed the present suit for declaration of his title and injunction, alleging that the suit property was owned, by Sevaji. Sevaji died in Samvat 1993, leaving behind three sons Devram, balmukund and Prabhulal. Plaintiffs No. 1 to 4 are heirs of Devram. Prabhulal is plaintiff no. 5 and Balmukund is the defendant in the suit. The plaintiff has alleged that there was a partition between the three brothers and in spite of the said partition the defendant Balmukund is interfering in their possession and is claiming partition of the property.

( 3 ) THE defendant filed his written statement denying the fact that there was any partition of the property of Sevaji and he has, therefore, filed an application before the revenue Authorities for partitioning the property wh

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