Gurusharan Sharma, J. - (1.) Defendants are appellants Plaintiffs filed Partition Suit No. 124 of 1984 for partition of their half share in the suit property given in the Schedule attached at foot of the plaint.
(2.) Admittedly, Baraik Budhnath Singh died in the year 1943, leaving behind his widow Mostt. Fagan and three sons, namely Ramu Singh, Harkhe Singh and Etwa Singh, Jamuna Devi, plaintiff No. 1 widow of Etwa Singh along with her two daughters, namely Birsi Devi and Tirith Devi, plaintiffs 2 and 3, filed the suit against the widow and four daughters of Ramu Singh, defendants 1 to 5.
(3.) Defendants contested the suit on the ground that there was previous partition between the parties and the present suit for repartition was not maintainable. In support of their claim, defendants produced a document "Batwara list" duly signed by Miostt Jamuna Devi, plaintiff No. 1 and Baraik Ramu Singh, husband of defendant No.1 on 22.3.1976, Jagnnath Singh Mulchia of Gram Panchayat Birda, as well as Lota Lai, Sarpanch had also put their signatures thereon on the said date. The sarpanch had also made endorsement thereon that the partition was affected in his presence. The said document being unregistered was not marked as an Exhibit and only identification mark 'Y was put over it.;