CHHOTEY LAL Vs. JHANDEY LAL

JUDGEMENT

(1.) A Division Bench has referred the Second Appeal to a Full Bench to resolve the conflict of opinion in Mahabir Singh v. Bhagwanti, 14 All LJ 278 = (AIR 1916 All 111) and Ram Singh v. Baldeo Prasad, 1932 All LJ 605 = (AIR 1932 All 643).

(2.) THIS is a defendant's appeal. It arises out of a suit for partition of a house and a tenancy holding. The plain tiff set up the following pedigree:-

(3.) THE defence was that the three sons of Durgu were separate. Chhangey's share was inherited by his widow, Smt. Kaushalya. On her death, Chhangey's share went to his brother Chhiddu as the nearest heir. The plaintiff, who was one degree removed, did not inherit Chhangey's l/3rd share. Consequently, Chhiddu's share was 2/3, while the plaintiff was en titled only to l/3rd share, in the proper ties. The trial Court held that the house as well as the tenancy holding was joint family property, succession to which was governed by the rule of survivorship. The plaintiff was entitled to a half share in both these properties. The suit was decreed for partition of a half share.