Sanjeev Prakash Sharma, J. - (1.) Heard counsel for the plaintiff-appellant and defendant-respondent No. 1.
(2.) Facts as stated by the appellant are that his father Thakur Jatan Singh had one brother Daljit Singh and one sister Rajendra Kumari. Father of all three of them Thakur Berisal Singh Ji owned a Haveli called 'Tikam Singh Ki Haveli, situated in Jaipur, Rasta Kothi Seth Mani Ramji. Thakur Berisal Singh Ji, father of the parties, used to take rent of this property and owned and possessed the same. After his death, his widow Suraj Kanwar used to take rent who died in 1969. As Thakur Berisal Singh Ji left two sons and a daughter, they jointly owned and possessed the Haveli. Daljit Singh (defendant No.1), being unmarried and younger brother of the plaintiff Jatan Singh, with the consent of the plaintiff, kept tenants in the Haveli and collected rent of this Haveli but did not pay a single penny to the plaintiff who had ? .. " share in the properly. Resultantly, plaintiff Jatan Singh prayed for partition of the property and separate possession over his ? .. " share in the Haveli and claimed Rs. 1800/- per months as mesneprofit.
(3.) The defendant Daljit Singh denied the allegations of the plaint and pleaded interalia that he is in exclusive possession of the disputed Haveli since 1963 and is keeping tenants in it. The Plaintiff was neither in joint possession of the Haveli during the life time of Thakur Berisal Singh Ji nor after his death and he is not entitled to any partition. In additional pleas, the defendant pleaded that Thakur Berisal Singh Ji had agriculture Land in village 'Khori' which measured 226 Bigha 15 Biswa. Thakur Berisal Singh had in his life time, given the disputed Haveli to defendant Daljit Singh and the agriculture land to the plaintiff Jatan Singh who is living in a separate house since the time of his marriage and the defendant lived in 'Kanota Bagh' since 1959. Later on the plaintiff Jatan Singh took possession of the portion in 'Kanota House', where the parents of the parties resided and let it out to the tenants.;