JAIRAM NATHU Vs. NATHU SHAMJI

JUDGEMENT

(1.) Shamji Premji, a Bhatia, died intestate on the 26 July 1898, leaving him surviving two sons Nathoo Shamji and Dharmsey Shamji, and property which, is alleged to have been of the value of upwards of a lakh of rupees.

(2.) After the death of Shamji, his sons Nathoo and Dharmsey, being desirous of partitioning the estate, referred the question of partition to the arbitration of Mr. Vithaldas Damodar Thakeraey and that gentleman made his award on the 18th July 1905.

(3.) The present suit was filed on the 24 November 1905 by one of Nathoo's sons Jairam against Nathoo and his two brothers, Nathoo's other sons, Mathuradas and Lakhmidas, for the partition of that portion of Shamji's estate which fell to Nathoo's share; and by an amendment, Motibai, wife of Nathoo, was added as a party to the suit.