RADHEY SHYAM Vs. SURESH PRASAD BHARGAVA

JUDGEMENT

(1.) :-

(2.) THIS appeal arises out of execution proceedings. The admitted facts of the case are that the decree holder respondents obtained money decree against one Jagdish Prasad. Jagdish Prasad was the member of the Hindu Joint Family which owned the disputed house. The family consisted of Shiv Charan father, Ganga Devi mother and four sons namely Jagdish Prasad, Radhey Shyam, Satya Prakash and Jai Prakash. The property is admitted to be ancestral.

(3.) THIS case does not help the respondents. The division of property necessarily does not disturb the status as coparcener of the joint family. Some time it may effect but not always. In a case where there is a partition between two brothers the joint status may be destroyed but where there is only partial partition and only some of the properties are divided, joint status is preserved.