VIRENDRA KUMAR MATHUR,J. - (1.) This Civil First Appeal under section 96 CPC has been filed against the judgment and decree dated 01.11.2010 passed by learned Additional District Judge (Fast Track) No. 2, Udaipur in Civil Original Suit No. 8/2008, whereby suit of the plaintiff for possession and injunction was dismissed.
(2.) Brief facts of the case are that on 20.12.2007 the plaintiff filed a suit for possession, injunction and damages for use and occupation against defendants, inter alia, stating that plaintiff's maternal grand-father (Nana) late Dhabhai Moti Lal and his two elder brothers Dhabhai Amar Singh and Dhabhai Fateh Lal had a joint ancestral property, in joint possession, being the suit property situated as per neighbourhood mentioned in para 1 of the plaint, commonly known as Dhabhaiji-ki-Haveli, Ganesh Ghati in Udaipur. It was further stated that the three brothers arrived at an oral partition of aforesaid property, which was done in Samvat 1971 between above mentioned three brothers. Thereafter all three brothers started residing while occupying their respective shares of the property.
(3.) Dhabhai Moti Lal died in Samvat 1981. On account of some dispute as to partition, after the death of plaintiff's Nana (Dhabhai Moti Lalji), once again the property was subjected to partition between plaintiff's grand-mother Smt. Rupa Bai being widow of Moti Lalji and two brothers-Dhabhai Amar Singhji and Dhabhai Fateh Lalji, in Samvat 1988 and a map was prepared, depicting three different shares by three different colours.;