SHIAM SUNDER Vs. TARA CHAND

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit for partition of Hindu coparcenary property.

(2.) The plaintiffs pleaded that they formed a joint Hindu family with the defendants, Shiam Sunder and others and the property in suit was coparcenary property, that they possessed a 2/3rd share in the same and a l/3rd share belonged to the defendants.

(3.) In order to understand the real relationship between the parties it would be proper to give the genealogical tree of the parties : Ram Bhaj Shib Dutt Devki Nandan (died issueless) Gauri Shankar Chaman Prakash (adopted son) (Plaintiff No. 3) Ram Chander Ganga Ram Tara Chand (Plaintiff 1) Manmohan Lal alias Pawan Prakash (Plaintiff 2) Shayam Sunder (Deft.1) Jagdish Narain (Deft.2) Vishwa Nath (Deft.3) Uma Devi (Deft.4) Damyanti (Deft.5) Daya Wati (Deft.6) Karma Devi (Deft.7) The plaintiffs alleged that Chaman Prakash, the natural son of Ganga Ram, had been adopted by Gauri Shankar, that he was entitled to a l/3rd share in the property and the other plaintiffs to a l/3rd share.