MULSHANKAR OJHA Vs. CHUNILAL OJHA

JUDGEMENT

(1.) The following genealogy explains the relationship between the parties to this litigation ; Purshottam (d. Before 1895) | ----------------------------------------------------- | | | Laxmishankar (d. 2-4-33) Narbharam (d 21-7-34) Shamji(d. in 1918) Deo Kunvar (d. 24-1-39) (Nani Kunvar) Man Kunvar | ----------------- | | | | Mulshankar Rasikchandra Chunilal Pltff (Deft. No. 1) (Deft: No. 2) (born in 1917)

(2.) Purshotta'm was a resident of Halvad in the former Indian State of Dhrangadhara in Kathiawar. He was possessed of some agricultural land which was not very productive, and a house at Halvad. Purshottam died before 1895. His sons Laxmishankar and Narbharam migrated to Cuttack in Orissa sometime about the year 1905 and set themselves up in a business of brick making. The business thrived. Later they started another business in coal. The two brothers acquired a considerable estate in Cuttuck. They also made alterations and improvements in the family house at Halvad. Shamji, the youngest brother, who continued to reside at Halvad died in 1918 leaving him surviving his wife Man Kunvar and his infant son Chunilal. Laxmishankar died in 1933 and Narbharam died soon thereafter.

(3.) After the death of Narbharam the coal business was managed by his two sons Mulshankar and Rasikchandra. Chunilal son of Shamji was not submitted to the benefit of the estate or the business in coal. Chunilal commenced an action in 1950 in the Court of the Additional Subordinate Judge, Cuttuck, for partition of the joint family properties in the possession of the sons of Narbharam, and for a half share therein. To this suit Mani Kunvar, widow of Norbharam was added as a party defendant on the allegation that some of the properties of the family were standing in her name benami. By an amendment made in 1956 the plaintiff claimed an account of the coal business and a share in its assets and goodwill.