- (1.) These are two applications for amendment of the defence. The suit in which the applications are made is a suit for partition of the properties belonging to the Karnani family. Sukhlal Karnani with his son Chandanmull and his grandsons Indra Kumar, Bejoy Kumar, Shewkumar and Suraj Kumar constituted a Mitakshara Hindu joint family. Sukhlal died in 1946 his son Chandanmull having predeceased him in 1938. It is a trading family and the family is possessed of vast properties moveable and immoveable and carries on a number of businesses in different names. Most of the businesses have been converted into private companies and the shares in these companies now belong to the joint family. Some of the very valuable immovable properties of the joint family have also been similarly conveyed to private companies and the shares in these companies now belong to the joint family.
(2.) India (Kumar ever since the death of Sukhlal in 1946 was, admittedly, the larta of the joint family and Mr. P.R. Das the learned Counsel for Indra Kumar admitted that the large block of shares appearing in the name of Indra Kumar do not belong exclusively to him as his personal property but belong to the joint family and he is holding them as karta. Shares in these companies also appear in the name of other members of the joint family and those shares also belong to the joint family and are not the personal properties of the registered holders of those shares.
(3.) On May 12, 1947 Dhapi Sethani, widow of Chandanmull executed a deed of surrender whereby she surrendered in favour of her sons and other members of the joint family all her claims and rights in the joint family properties and assets. 3. On May 13, 1949 Shewkumar instituted a suit for partition. On the day following, that is, on May 14, 1949 Bejoy Kumar instituted another suit for partition in this Court being Suit No. 1897 of 1949. Shewkumar's suit was withdrawn on August 31, 1949. Bejoy's suit ended m a compromise decree, dated January 26, 1950, whereby Bejoy and his branch separated from the joint family and some properties were allotted to him in severalty in lieu of his one-fourth share in the entire joint family (Properties. The other members, namely, the three other grandsons of Sukhlal, Indra Kumar. Shewkumar and Suraj Kumar and their respective sons continued joint and Indra Kumar continued to be the karta of the truncated joint family.;