The pleadings and evidence on record reveal that Gokal son of Tek Chand died issue-less in Samwat-1989 BK , i.e., in the year 1921 and his share in the joint property was mutated in favour of his three brothers, namely, Tula, Man Singh and Kesar in the year 1931. Tek Chand had died even prior thereto and his share was mutated in favour of his four sons, as noticed above [including Gokal, who died issue-less]. It further appears that there continued to be a joint-holding amongst not only the sons of Tek Chand but also amongst the legal heirs of Tula, Man Singh and Kesar. An application for partition of the joint holding, however, was moved by Daulat Ram and others – sons/legal heirs of Man Singh but the partition was declined by the Assistant Collector, Mohindergarh vide order dated 15th July, 1965 on the ground that question of title was involved and the parties were directed to approach the Civil Court to get the same decided. It further appears that later on Jagdish Parshad and others, sons of Man Singh moved another partition application No. 270-RT dated 2nd February, 1977 before the Assistant Collector Ist Grade, Mohindergarh in which the present plaintiff-appellants did not appear despite service on the presumed plea that the second application was barred by res-judicata . Resultantly, the ex-parte order dated 7th April, 1978 [Ex.D7] was passed whereby the joint Khewat was partitioned and separate parcels of land were allotted to various cosharers.
