Bennet, J - (1.)These are two first appeals, one being No. 439 of 1926 brought by Partap Singh against Dalip Singh and the other No. 198 of 1928 by Dalip Singh against Mt. Ghasiti and Partap Singh. The family tree is as follows:
(2.)On 20 October 1921 Surat Singh separated from the joint family by a deed of partition to which his father and brother Dalip Singh were parties.
(3.)On 30 May 1923 there was a registered deed of partition by which Dalip Singh separated, obtaining one-third share of the joint family property and the remaining two-thirds shares were retained by Partap Singh and his minor son Bir Singh who was then alive. Subsequently Dalip Singh brought a suit No. 161 of 1924 against his father Partap Singh claiming damages for fraud, but he withdrew that suit. Again on 20 November 1924 Dalip Singh sued for partition against Partap Singh and Bir Singh in suit No. 256 of 1924 on the ground that the deed of partition of 30 May 1923 was unfair, and that he desired that the properties should be re-partitioned. During the pendency of that suit Bir Singh died, and on 5 September 1925 Dalip Singh withdrew his suit, and on 12 September 1925 Dalip Singh filed his present suit No. 303 of 1925, claiming half share of the family property. That suit by Dalip Singh was brought against his father Partap Singh alone. On 13 August 1926 Mt. Ghasiti, wife of Partap Singh and stepmother of Dalip Singh, made an application to the Court asking that she should be joined as a party to that suit, and that she should get a share on partition. That application was rejected, because it was hold it was made late after the evidence for the plaintiff had been closed, and the Court proceeded to grant a decree to Dalip Singh for half of the joint family property on 24 August 1926. Prior to this decree on 21 August 1926, Mt. Ghasiti brought a suit No. 239 of 1926 against her husband Partap Singh and her step-son Dalip Singh, claiming that she should get a declaration that at the time of partition between her husband and her stepson she was entitled to one-third or at least one-fourth of the family property. On 30th March 1928 a different Subordinate Judge has granted a decree to Mt. Ghasiti that she is entitled to a share in the family property equal to the respective shares of her husband and her stepson, i.e., one-third of the joint family property.