Shah, J. - (1.) This appeal with certificate granted by the High Court to Bombay arises out of a suit for partition filed by the appellant. The Trial Court decreed the suit partially but the High Court of Bombay reversed the decree passed by the Trial Court and dismissed the plaintiffs suit.
(2.) The following table explains the relationship between the parties:
(3.) Maganlal son of Bhikamchand claiming that there subsisted between him and the defendants a joint family which possessed a considerable estate, demanded partition and separate possession of his half share in the properties. The dispute in that behalf was referred to arbitration. On May 24, 1952 an arbitration agreement was duly drawn up. But the arbitration proceeding proved infructuous, and Maganlal filed a suit in the Court of the Civil Judge, Senior Division, Thana for a half share in the properties described in Schedules B & C. Schedule B described the moveable properties including gold and silver ornaments and outstandings of a money-lending business and all the assets of "basket and bamboo business" of the total value of Rs. 65,250/-. Schedule C described a house and two open pieces of land of the aggregate value of Rs. 5,500/-- The suit was resisted by the defendants contending, inter alia, that the plaintiffs father Bhikamchand separated from the joint family in 1930 and had executed a deed acknowledging receipt of his share, that the other members of the family belonging to the branch of Laduram and Mulchand remained joint, that in 1933 the joint family property was divided between the branches of Laduram and Mulchand and that Raichand s/o Laduram was given the ancestral family house and that in the properties or share.;