CHANDAR SAH Vs. UNION OF INDIAGODHANI

JUDGEMENT

(1.) This is an appeal by some of the defendants who were respondents in the lower appellate court. There were four plaintiffs who were the appellants in the court of appeal below and respondent first party here.

(2.) The plaintiffs belonged to the branch of one Dhari Sah alias Ramdbari Sah, whereas the defendants-appellants belonged to the branch of one Yugal Sah. The plaintiffs-respondents 1st Party had brought a suit for partition claiming 1/3rd share in the property in the suit The genealogy is admitted. One Bhola Sah had three sons, namely. Yugul Sah, Gugul Sah and Dhari Sah alias Ramdhari Sah.

(3.) According to the case of the plaintiffs Bhola Sah died in the state of joint-ness leaving behind his three sons aforementioned in the year 1936. Bhola Sah aforementioned carried on his family business and other trade out of the income of which he acquired certain properties including the land under partition which were acquired in the name of different members of the joint family. All the branches of three sons of Bhola Sah were earlier joint in mess and business till some 18 years before the institution of the suit. When there was a partition of immoveable and grains the land of the joint family were also for the sake of convenience of cultivation possessed by the parties separately without there being a partition by metes and bounds. The plaintiffs, therefore, demanded partition of their 1/3rd share in the property which having been refused this suit was instituted.