OM PRAKASH Vs. BHAGWAN

JUDGEMENT

(1.) THIS is an appeal by the defendants from the judgment and decree of the learned Civil Judge of Agra decreeing the plaintiff-respondents' suit for partition of their half share in a shop situate in'Kumari Bazar, Agra, fully described at the foot of the plaint.

(2.) A reference to the following pedigree would be convenient for under standing the controversy between the parties:- (See Pedigree on P. 390)

(3.) THE defendants resisted the suit on the pleas that the shop in dispute was the self-acquired property of Angan Lal, who gifted it to his niece Smt. Reoti Devi by executing a deed of gift dated 10-3-1912 and thus Smt. Reoti Devi be came absolute owner of the shop in dis pute and she had every right to transfer it as she wished; that on 18-6-1916 Smt. Reoti Devi executed a sale deed in res pect of half share of the shop in favour of Harnarain who got his name mutated in the Municipal records and started realising rents, Then by a will dated 2-5-1927 Smt. Reoti Devi bequeathed the other half share in the shop to Harnarain, thus Harnarain became full owner of the shop in dispute and the plaintiffs had no share in it; that it w.as Harnarain and Ram Swarup and after their death Smt. Atar Devi, the widow of Ram Swarup, who always remained in possession of the shop in dispute to the exclusion of the, plaintiffs and realised all the rent from the tenants in the shop without sharing the income with the plaintiffs; that Har narain in 1943 executed a registered Tamliqnama in favour of Smt. Atar Devi, his daughter-in-law, conveying absolutely the shop in dispute to her; that the plain tiffs had no right for asking for accounts of profits from the defendants and that in any view of the matter the defendants by their adverse 'possession extinguished the right and title of the plaintiffs, if any, in the shop in dispute,