KANAHAYA LAL Vs. JUMNA DEVI

JUDGEMENT

(1.) This order will dispose of R.F.A No. 85-D of 1961 as well as R.F.A. No. 105-D of 1961. The second mentioned appeal has, by order dated 31st January, 1972, been allowed to be treated as a cross-objection in the first-mentioned appeal and the references in this judgment are, therefore taken from the first-mentioned appeal.

(2.) This appeal has been filed by Kanhayalal, plaintiff, against the judgment and decree of a subordinate Judge, First Class, Delhi, dated 6th April, 1961, by which he passed a preliminary decree in a suit for partition instituted by the plaintiff- appellant on 30th May, 1958.

(3.) The prepositus Bhagwan Dass, plaintiff's father, died on 25th October, 1957, leaving behind the plaintiff and defendants Nos. 2, 3, 4 and 5 as sons and defendant No. 1 as his widow and defendants Nos, 6 and 7 as his daughters. This death evidently occurred after the commencement of the Hindu Succession Act, 1956 (hereinafter referred to as the Act) and the plaintiff filed a suit for partition of the joint Hindu family property which mainly consisted of a printing press and it is alleged that defendant No. 5, the youngest son of the deceased, had been managing the joint family properties and business for some years during the lifetime of his father as well as after his death and that he had (as mentioned in paragraph 15-A of the amended plaint) misappropriated and fraudulently and improperly converted of his own use the family properties and he was liable to render accounts to the plaintiff. It was also alleged in the plaint that the mother, defendant No. 1, had actively helped and colluded with defendant No. 5.