O.P. Saxena, J. - (1.) THERE is an appeal against the judgment and decree dated 6.12.1965 passed by the learned I Additional Civil Judge, Allahabad decreeing the suit for partition and accounts. Rai Bahadur B. Bindeshwari Saran Singh was the common ancestor of the parties. He had five sons; Maheshwari Saran Singh; Bhuneswari Saran Singh, Bisheshwari Saran Singh, Jagdishwari Saran Singh and Jagdambika Saran Singh (defendant No. 3). Bhuneswari Saran Singh died in the year 1929 leaving behind his widow Smt. Rukmani Devi (defendant No. 10). Rai Bahadur B. Bindeshwari Saran Singh died on 27.10.1942 leaving behind four sons and the widow of a predeceased son who had only a right of maintenance. Bisheshwari Saran Singh died on 18.11.1943. DW 9 Smt. Lalita Devi is his widow. D.Ws. 7 and 8 Brijeshwari Saran Singh and Badreshwari Singh are his sons. Jagdishwari Saran Singh died on 1.3.1944. Smt. Annapurna Devi, plaintiff is his widow. Maheshwari Saran Singh died on 15.2.1950 leaving behind Smt. Ratneshwari Devi as his widow and Sureshwari Saran Singh (defendant No. 1) as his son. Smt. Ratneshwari Devi died during the pendency of the suit and her two daughters Smt. Uma Devi and Smt. Urmila Devi were brought on the record. Defendants Nos. 4, 5 and 6, Shanker Prasad, Prakash Narain and Chandra Sheikhar are sons of Jagdambika Saran Singh. Rai Bahadur B. Bindeshwari Saran Singh possessed considerable immovable and movable properties detailed in Schedule A at the foot of the plaint. R.B. Bindeshwari Saran Singh and B. Bhagwati Saran Singh jointly owned properties of Schedule B. Defendant No. 11 Smt. Chandra Kala Devi is the widow of B. Bhagwati Saran Singh. Defendant No. 12 Visheshwari Pratap Narain Sahi claimed interest in only one of the properties given in Schedule B which is a house at Varanasi. Defendants Nos. 13 and 14 Baleshwar Lal and his son Kaushal Lal purchased a Chhaoni in village Garwar district Ballia.
(2.) THERE are various sale -deeds. Defendant No. 17 Smt. Bindo Devi claimed to have purchased the share of defendants Nos. 7 to 9 in some of the properties. Defendant No. 19 Smt. Manorma Devi is the wife of defendant No. 12 Visheshwar Pratap Narain Sahi. She claimed to have purchased one -fourth share in Baoli Bagh one of the properties mentioned in Schedule B from one Balbhaddar, Defendant Nos. 15, 16 and 18 Smt. Maheshwari Devi, Rameshwar Prasad and Bindo Devi are other formal defendants. On 22.4.1958, the plaintiff filed the suit for partition of her one -fourth share in the properties of Schedule A and one eight share in the properties of Schedule B and also for rendition of accounts with the allegations that her husband Bindeshwari Saran Singh had one -fourth and one eighth share in the disputed properties, that she succeeded to the same on his death, that she remained under the care and protection of Maheshwari Saran Singh till the end of 1947, that when it became unbearable to pull on with him, she came to Allahabad and took up residence here, that as Maheshwari Saran Singh was not giving her any share in the profits, she began realising Zamindari dues separately since 1948, that she maintained status quo in respect of remaining properties, that Maheshwari Saran Singh and after his death the defendants stood in a fiduciary relationship vis -a -vis the plaintiff, that she gave a notice on 26/27.4.55 for separation of her interest in the joint family properties, that the defendants Nos. 1 and 2 refused to comply with the same and that they are also liable to render account of the profits realised by them.
(3.) THE suit was contested by defendants Nos. 1 and 2 with the allegation that the family continued to be joint till the end of 1945, that in 1946 defendant No. 3 Jagdambika Saran Singh and defendant No. 9 Smt. Lalita Devi began living separately, that Jagdambika Saran Singh also initiated proceedings for removal of Maheshwari Saran Singh who had been appointed guardian of minors Brijeshwari Saran Singh and Badreshwari Saran Singh, that Jagdambika Saran Singh and Shrimati Lalita Devi began making separate collections of Zamindari dues and house rent, that plaintiffs' husband Jagdeshwari Saran Singh died as a member of the coparcenary family on 1.3.1944, that the plaintiff gave birth to a male child on 24.10.1944, that the child died on 5.7.1945 as a member of the joint coparcenary family leaving behind the plaintiff as his mother, that the plaintiff returned to Annapur and began living with Maheshwari Saran Singh, who took all pains to maintain her property, that she subsequently came under the influence of her maternal relations Jagdambika Saran Singh and Smt. Lalita Devi and left the protection of Maheshwari Saran Singh, that she was permitted to make separate collections of Zamindari dues, but it did not confer any right on her, that on the death of Maheshwari Saran Singh, residential houses were sealed and an inventory of the articles kept therein was prepared, that the properties mentioned in Schedule A(ka) did not find any mention in the said inventory, that defendant No. 1 was a minor and defendant No. 2 was a pardanashin lady, that the plaintiff is not entitled to claim any partition of the properties in suit, that there was no fiduciary relationship between the plaintiff and the other members of the joint Hindu Family, that she had only a right of maintenance, that she was permitted to make separate realisation of Zamindari dues due to love and affection and this could not confer any right on her, that while separating, the plaintiff was allowed to carry certain ornaments with her, that she filed a suit against her brother -in -law for recovery of the same, that she had no right to claim a partition of movable properties mentioned in Schedule A(ka), that if the movable properties had been misappropriated by Maheshwari Saran Singh the defendants are not liable, that the suit is barred by time that the suit as framed is not maintainable, that the suit is under -valued, and that the Court -fee paid is insufficient.;