( 1. ) THIS appeal and First Appeal No. 110 of 1954 arise out of Civil Suit No. 16a of 1951 decided by the First Additional District Judge, Jabalpur. This suit was tiled by Jhunkaribahu (appellant No. 1) and Ramdas (appellant No. 2) against the respondents for partition of the property in suit which consists of Sir and Khudkast lands in village Padwar and a house bearing No. 395/253b in Bhaldarpura, Jabalpur. Another First Appeal No. 166 of 1951 which relates to a share in the same property has also been heard along with these appeals. This latter appeal arises out of Civil Suit No. 22a of 1950 which was filed by Girnarchand (respondent No. 1) against Phulchand (appellant) Rupchand (respondent No. 2) and Girjabai alias Rajrani (respondent No. 3 ). This judgment governs the disposal of all the three appeals.

( 2. ) THE facts which were not disputed in both the suits and are not also disputed in these appeals are these : The properties in suit belonged to one Bhaosingh, who died leaving four sons as shown in the genealogy below : BHAOSINGH

_______________________________________|_______________________

_ | | tikaram (28-9-1996)Chuttulal (24-10-1905)=mst. Rani Bahu | | kodulal