DHANUBEN WD O KALIDAS NATHUDAS Vs. ZAVERBHAI KALIDAS

JUDGEMENT

(1.) This appeal has been filed by the original defendants under the following circumstances.

(2.) The plaintiff the defendant No. 2 and the defendant No. 3 are the sons of one Kalidas. The defendant No. 4 is the widow of Nanabhai the deceased son of Kalidas. The defendant No. 1 is the widow of Kalidas. The defendants Nos. 5 6 and 7are the daughters of Kalidas. The plaintiff filed Regular Civil Suit No. 599 of 1964 in the Court of the Civil Judge Senior Division at Surat for partition of joint family properties and for separate possession of his share.

(3.) The defendants raised no dispute as to the plaintiffs share in the joint family properties. There is also no dispute that the properties in which the plaintiff has been claiming a share are joint family properties. The defendants raised only two small contentions against the plaintiffs claim. They claimed a sum of Rs. 1000/from the joint family estate on the ground that they had spent the amount for obsequial ceremonies of Kalidas to whom the estate belonged. They also claimed a sum of Rs. 7000/from the joint family estate on the ground that the defendants Nos. 2 and 3 had discharged the debt of the joint family to that extent.