BISHMABER DAYAL Vs. RAM PERSHAD

JUDGEMENT

(1.) This suit for partition and rendition of accounts brought by Bishamber Dayal, was initially against his two brothers, namely, Ram Pershad and Chhotey Lal. Chhotey Lal, however, died during the pendency of this suit some time in the year 1972. He was unmarried and has not left behind any issue. There is no dispure that the plaintiff and his brother Ram Pershad who is the other defendant, were his only heirs. His name, therefore, was struck off from the plaint.

(2.) . According to the plaintiff, he and Ram Pershad defendant came to Delhi in late twenties from village Subhana, District Rohtak, and started joint business on road pavements of selling old books and periodicals. From the earnings saved therefrom, they obtained shop No. 5701, Nai Sarak, Delhi on rent under .their names Ram Pershad Bishamber Dayal in about the year 1936, and continued the same business under the name 'Vaish Book Depot'. Still another shop bearing No. 892-893, Nai Sarak. Delhi, was tatken by them on rent in about 1945, and in this they extended the same business under the name All India Book House. The rent deed was in the no me of Ram Pershad defendant who being the elder brother, was acting as the karta of Joint Hindu Family consisting of the plaintiff and himself. Ths accounts of the two business were kept joint at the premises of All India Book House, and the sale-proceeds of Vaish Book Depot too were entered there.

(3.) . These defendants further obtained three godowns in Charkhewalan, Balli Maran and Nai Sarak for their said business. The rent deeds were again in the name of Ram Pershad defendant, he being the karta of the family. The payments of rent of all these godowns and shops were debited in the business accounts.