JASHWANTLAL TULSIDAS Vs. MANEKLAL NATHUBHAI

JUDGEMENT

(1.) The appellant has preferred this Second Appeal under Section 100 of the Civil Procedure Code on the following substantial question of law.

(2.) The appellant original plaintiff filed Regular Civil Suit No.502 of 1978 for partition of the suit property claiming his 1/4th undivided share and account of the rent received by the respondent original defendant Nos.1 to 3 from the tenants of the suit premises.

(3.) According to the appellant plaintiff, he is the Manager of his guardian branch and Karta and Manager of heirs and respondents defendant Nos.2 and 3 are the sons of respondent defendant No.1 and respondent defendant No.4 is his brother. The respondents defendant Nos.5 and 6 are the sons of the respondent defendant No.4. The suit property is situated at Indarpura, Golwasd, Taluka : Choryasi of Surat city, in Ward No.3 registered as Nondh No.1226 admeasuring about 105 Square Yards and each branch has 1/2 undivided share therein. Thereby plaintiff and his branch has 1/4th undivided share and defendant No.4 and his branch has also undivided 1/4th share. The defendant No.1 and his branch has 1/2 share.