R.BANUMATHI,J. - (1.) These appeals arise out of the common judgment of the High Court of Madhya Pradesh in First Appeal Nos.29, 30 & 31 of 1991 dated 31.07.1997.
(2.) The parties are related as under:- "Bhagwan Prasad Das Smt. Jaydevi (Died in 1952) (Widow died in 1972) Shri Jagan Verma Prabhavati (Died in 1967) (Widow died in 1984) Ramesh Verma Lajesh Saxena (Def. NO.1 died on 10/10/2003) (Plaintiff) Shyam Kishori Verma Rajat Verma Rajiv Verma Meena Saxena Sanjeev Kumar (Respondent No.5)
(3.) The deceased first respondent herein/plaintiff had filed the suit for partition on 26.02.1970 claiming 1/8 th of the share in the family properties. The trial Court by the judgment dated 31.01.1991 passed the preliminary decree for partition being Civil Original Suit No.71A/1984 and held that :- "(i) Plaintiff Smt. Lajesh Saxena is entitled to get 1/12th share in the joint Hindu family property; (ii) Defendant No.1 Ramesh Verma is entitled to get 1/3rd share in the property of Bhagwanprasad and 1/12th share in the property of Jagan Verma totalling 5/12th of the whole; (iii) Defendant No.3 Rajiv Verma and defendant No.4 Rajat Verma are entitled to get jointly 1/12th share in the property of Prabhavati and 1/12th share in the property of Jaydevi i.e. total 1/2 share in the joint Hindu family property." ;