Judgment

Prakash Shrivastava, J.:-

This First Appeal under section 96 of the Civil Procedure Code is at the instance of the plaintiff challenging the judgment dated 23-12-1999 passed by the Court of 3rd Additional District Judge, Ratlam dismissing the C.S. No. 13-A/95 filed by the appellant.

2. The appellant had filed the suit for partition of his share and declaration of title pleading that the original respondent No. 1 Jagannath was his father and respondent No. 2 Shantilal was his brother. Their family was a joint Hindu family having suit properties consisting of a house in Dhaan Mandi Mohalla, Ratlam, a plot at village Rajgarh and agricultural land with Nohra house at village Banakia Kala, Tehsil Kapasan, District - Chittorgarh (Rajasthan). The respondent No. 2 was residing with the respondent No. 1 in house situated at Dhaan Mandi and was doing the business from the income earned from the joint property. Since the appellant was residing out of Ratlam, therefore, the respondent No. 2 was enjoying the property. The respondent No. 1 was suffering from the cancer and taking advantage of the illness of the respondent No. 1, respondent No. 2 got the Will of the suit property executed i