BISHWANATH PRASAD Vs. DWARKA PRASAD

JUDGEMENT

(1.) The dispute is short, the points of law few, the evidence largely made up of admissions, and so the judgment permits of brevity. A vignette of the facts is all that is therefore necessary.

(2.) This appeal arises out of a suit for partition where the narrow area of conflict in this Court is confined to two items claimed by the plaintiffs but disallowed by the High Court. The first two of the three points formulated for determination by the High Court reflect the controversy raised before us and may be excerpted:

(3.) Point No. 2 relates to three items in Schedule C to the plaint which were covered by four usufructuary mortgages, Exs. B-1 to B-4. The case of the first (contesting) defendant, who is the first respondent before us now, is that these items of property exclusively belonged to him. The Trial Court has accepted this case and the High Court has affirmed this finding. The foundation for these concurrent findings is the admissions made by the first plaintiff and the eighth defendant, the father of the plaintiff, in depositions in an earlier suit, Title Suit No. 61 of 1945, as well as similar admissions made in the written statement filed in that suit by the present eighth defendant (who was first defendant there) together with the present plaintiffs, two of whom were majors at that time. The inference fluently drawn by the courts below from these admissions is that the said property belongs to the first defendant.