GURTU, J. - (1.) THIS is a defendant's appeal. It is necessary to set out the pedigree printed at page 2 of the paperbook, as it will help in the appreciation of the case of the parties - PANDIT LACHHMAN PRASAD Pandit Kashi Ram (Died on 12th Oct.1924, Pandit Jwala Prasad leaving no male issues). (died in 1908) Mst Batashi ( Daughter) (died about 192) BalakRam Sia Ram Raghubar Dayal (died on 26th Feb, Banwari Lal (died in 1914, Bhagwan Dayal Ram Lal 933, leaving no mail issues). leaving no male issues). Plaintiff (died in 1914) (1) By first wife Ajudhia Prasad Mst.Saraswati (daughter) Lala Ram (died in 1942)(2) By Mst. Revti Devi Babu Ram second wife,defendant (died in 1942) Mst. Daya Vati (minor).
(2.) THE plaintiff's case has been stated as follows; Lachhman Prasad and his sons held properties detailed in Schedule 'A' which are still in the joint undivided possession of the male descendants and are held by them in coparcenary as joint Hindu family properties, and there never was a separation between Lachhman Prasad's issues after his death. One of the wives of Kashi Ram, uncle of the plaintiff Bhagwan Dayal, used to reside in the ancestral house in village Naugaien, district Farrukhabad, where the other brother Jwala Prasacl lived with his own wife. Kashi Rarn was in service for about thirteen years at Lucknow and at Agra, hut he gave up service about the year 1885 A. D. and then he, along with the plaintiff and the plaintiff's brother Raghubar Dayal, started a business in Agra which was carried on with the joint labour, skill and efforts of the three of them. The properties detailed in Schedule 'B' were purchased out of the funds acquired in this way, and were never made part of the ancestral property belonging to the coparcenary.
(3.) KASHI Ram, Raghubar Dayal and Bhagwan Dayal constituted a joint family of their own within the larger joint family. After the death of Kashi Rarn, the plaintiff and Raghubar Dayal, as survivors of this smaller joint family, carried on as before, and properties entered in Schedule 'C' were jointly acquired. After the death of Raghubar Dayal, the plaintiff became the sole survivor and owner of the entire assets of this smaller joint family entered in Schedule 'B' and 'C', and thereafter the plaintiff acquired by himself, the properties entered in Schedule 'D' as the sole surviving coparcener. The ancestral assets and the assets of this smaller joint family were kept separate at all times.;