REOTI DEVI Vs. PT BHAGWAN DAYAL

JUDGEMENT

(1.) THIS is a defendant's appeal. It is necessary to set out the pedigree printed at page 2 of the paperbook, as it will help in the appreciation of the case of the parties -

(2.) THE plaintiff's case has been stated as follows;

(3.) KASHI Ram, Raghubar Dayal and Bhagwan Dayal constituted a joint family of their own within the larger joint family. After the death of Kashi Rarn, the plaintiff and Raghubar Dayal, as survivors of this smaller joint family, carried on as before, and properties entered in Schedule 'C' were jointly acquired. After the death of Raghubar Dayal, the plaintiff became the sole survivor and owner of the entire assets of this smaller joint family entered in Schedule 'B' and 'C', and thereafter the plaintiff acquired by himself, the properties entered in Schedule 'D' as the sole surviving coparcener. The ancestral assets and the assets of this smaller joint family were kept separate at all times.