JUDGMENT :

Kondaiah J.

The appeal by the defendant is directed against the judgment of the Court of the Additional District Judge, Dewas, decreeing the civil suit No. 13A of 1974 instituted by the respondents for partition and possession of their half share in the plaint schedule movable and immovable properties and for mesne profits.

2. In order to understand the scope of the appeal and the respective contentions of the parties, it is necessary to state the material facts that led to this appeal. One Harlal, a Hindu Brahmin, resident of Malgaon village, tahsil Khategaon in the district of Dewas died in the year 1920 leaving behind him his widow Bhagirathibai, son Balmukund and daughter Gajribai and considerable movable and immovable properties. The daughter Gajribai, who was married died in 1931 leaving behind her sons Jagdishprasad, Gangaprasad and Jamnaprasad, the respondents herein. Balmukund, the son of Harlal died on 19-2-1966 leaving behind him the plaint schedule properties and Anusayabai, the daughter of Ganpatibai, the predeceased daughter of Balmukund and his mother Bhagirathibai. Bhagirathibai also died on 2-3-1966.

3. On 6-10-1971, the present suit for partition of the pla