JAHURI SAH Vs. DWARKA PRASAD JHUNJHUNWALA

JUDGEMENT

(1.) This is an appeal by certificate from a judgment of the Patna High Court reversing that of the trial Court dismissing the plaintiffs suit for partition and separate possession of their half share in a house and for payment of compensation from May 2, 1947 to September 11, 1951 at the rate of Rs. 200 p.m. with interest and for payment of compensation at the same rate from the date of suit till the recovery of possession of their share in the house.

(2.) The facts which are not disputed before us are these:The property in dispute is situate within the limits of the municipality of Bhagalpur was purchased jointly by five persons, Jurimal, Gajanand, Ramasahai Sah, Jahuri Sah and Ramgali Sah. The first two of these are father and son (and were members of a joint Hindu family). Both of them are dead, Plaintiffs 1 to 4 are the sons and plaintiff 6 is the widow of Gajanand and plaintiff No. 5 is the widow of Jurimal. Jurimal, Gajanand (constituted a joint Hindu family) and plaintiffs 1 to 4 constituted a joint Hindu family. Ramsahai, Jahuri Sah and Ramgali Sah were brothers and were members of a joint Hindu family. Jahuri Sah is defendant No. 1 and Ramgali Sah is defendant No. 2. They, along with the remaining defendants, are members of a joint Hindu family of which Jahuri Sah is the karta.

(3.) The property in question was purchased by the two joint families, each family having half interest therein. The date of the transaction was June 26, 1942. At the time of the purchase of the property it was in the possession of Mohanlal Marwari as a tenant. He was evicted therefrom by a decree of the Court and thereafter it was let out to Government, the compensation having been settled at Rs. 100 per mensem. The Government vacated the house after some time where after the defendants occupied the house excepting a portion thereof which was in the occupation of Isri Sah and Shib Charan Sah as tenants paying a monthly rent of Rs. 30. Half of this rent was being realised by each family.