Decided on July 04,1949

Rattan Das Appellant
Darshan Dass Respondents


- (1.) THIS is an appeal from a judgment and decree of the District Judge, Rampur, dated 18 -4 -2005 B., affirming a judgment and decree of the Subordinate Judge, Chini, dated 12 -7 -2003 and thereby dismissing the plaintiffs Suit.
(2.) THE suit, in which this appeal has arisen, was brought by Rattan Das and others, who are the appellants against (1) Datshan Das, (2) Jagar Nath, (3) Jheru, (4) Padam Das and (5) Meo Ram, who are respondents to this appeal. There has been no appearance for the respondents, Padam Das and Meo Ram, in this appeal. The suit was for a declaration that the revenue entries by mutation No.280 on the basis of an alleged gift of one -fourth share of 44 Khasra numbers measuring 188 bighas and 19 biawaa (one hundred and eighty eight bighas and nineteen biswaa) in Chak Karoli be declared not to affect the shares of the members of the joint family, constituting the appellants and respondents.
(3.) NAINSUKH (who died without a male issue), Premsukh (whose sons are the present appellants), Janki (whose sons are the respondents) and Ram Dayal (whose son and grandsons have not made any appearance in this Court) were four brothers forming a joint Hindu family, Nainsukh and Ram Dayal, each cultivating separate portions of the land for convenience and maintenance and the revenue record showed that each held one quarter share in the family property. Before his deaths on 22nd April 1914, the Revenue Authorities recorded an alleged gift made by Nainsukh to his brother, Janki Dass and the consequence wasthat the share of Janki Dass was recorded to behalf in the joint family property. There was no partition or division of the respective shares and the parties continued to live joinlly till Har 2002, as alleged by the appellants, when the respondents took exclusive possession of that property Khasra no.245, which Nainsukh cultivated separately by mutual arrangement between him and other brothers. The respondents alleged that they did so on the strength of the gift mentioned above and recorded in the revenue papers. Upon this, the appellants commenced the present suit.;

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