KHYALI RAM SHARMA Vs. BHOLA DUT SHARMA

JUDGEMENT

(1.) This is an appeal against the judgment dated 14-5-1998 passed by the then Civil Judge (Senior Division), Almora in original suit No. 74/1997. Appellant-plaintiffs suit for partition and for rendition of accounts was dismissed.

(2.) Plaintiff filed a suit for partition claiming 1/3rd share in plot serial No. 99/95 popularly known as 'Dan Singh Estate' at Ranikhet Cantonment, District Almora and for rendition of the ascounts in relation to compensation and sale proceeds of his part of the plot realized by defendant No. 1 so as to pay 1/3rd share to him.

(3.) Plaintiff and the defendants are real brothers and their ancestral property is situate in village Kharak, District Almora. Their father died in the early nineteen forties. Plaintiff alleged that at that time defendant No. 1 was major and on the death of the father he became 'Karta' of the Hindu undivided Family. In the year 1948 plaintiff went to Delhi and in 1949 started a canteen in the office of Deputy Auditor General, 3-Man- singh Road, New Delhi. Plaintiff further pleaded that he repaid all the debts of the HUF and supported the defendants who were residing in ancestral village; that the defendant No.2 was looking after the agricultural work in village as agreed between the three brothers and plaintiff and defendant No. 1 were engaged in business in Delhi; that the defendant No. 1 had no independent business or profession or occupation till 1971; that in the year 1954 he started Qutub Restaurant and earned handsome profits from it and that the defendant No. 1 used to assist him in running the said restaurant but all the profits earned remained with the defendant No. 1 and in joint bank accounts.