SANJAY MISRA, J. - (1.) THESE are two connected First Appeals. First Appeal No. 544 of 1982 (Ajai Kumar Vs Gaya Prasad Agarwal) has been filed under Section 96 of the Code of Civil Procedure by the plaintiff against the judgment and decree dated 17.9.1982 passed in Original Suit No. 136 of 1980 (Ajai Kumar Vs Gaya Prasad and others) by the VI th Additional District Judge, Allahabad.
(2.) THE appellant (Ajai Kumar) and the twelve defendants belong to the same family from the common ancestor late Rishi Lal Agarwal who died on 22.3.1944. The defendant nos. 1, 2 and 3 are the sons of late Rishi Lal Agarwal and the defendant nos. 10 and 11 are the daughters of late Rishi Lal Agarwal. The plaintiff (Ajai Kumar) and the defendant no. 4 (Vijai Kumar) and defendant no. 5 (Sanjay Kumar) are the sons of the defendant no. 2 (Ram Prasad) whereas the defendant no. 6 (Murli Manohar) and defendant no. 7 (Shyam Manohar) are the sons of defendant no. 1 (Gaya Prasad). The defendant no. 8 (Deepak Kumar) and defendant no. 9 (Sonu) are the sons of defendant no. 3 (Vishnu Prasad). The defendant no. 12 (Ashutosh Agarwal) is the son of defendant no. 6 (Murli Manohar). The plaint allegations in Suit No. 136 of 1980 were that late Rishi Lal Agarwal was Karta of a Joint Hindu Family consisting of himself and his three sons i.e. defendants no. 1, 2 and 3. After his death in 1944 the family remained joint and the eldest son i.e. Gaya Prasad (defendant no. 1) became Karta of the joint family. The widow of late Rishi Lal Agarwal namely Smt. Mallakka Devi was a member of the joint family. The daughter's (defendant nos. 10 and 11) of late Rishi Lal Agarwal got married in the year 1942 and 1953 respectively.
(3.) LATE Rishi Lal Agarwal had authored some books on Shorthand writing and had published and sold them under the name and style of M/s Vishnu Art Press and after his death the business of printing was continued by the joint family under the same name with the defendant no. 1 (Gaya Prasad) as Karta. In the years 1968 and 1969 the family purchased two Mono Casting Machines by mortgaging the ancestral House no. 257, Chak, Allahabad belonging to the joint family and he also purchased a plot of land at Mohalla Sadiyapur, Allahabad valued at Rs. 4500/- all from the funds of the joint family. According to the plaint allegations the defendant no. 1 (Gaya Prasad) fabricated a forged partition deed (09.07.1977) however it was never acted upon and the joint family properties and earnings remained joint. Upon such allegations the plaintiff (Ajai Kumar) brought this suit for partition, possession and accounting.;