SHAMBHU NATH Vs. PUSHKAR NATH

JUDGEMENT

(1.) THIS is an appeal from a decree of the High Court at Lahore, dated May 15, 1942, Which modified in favour of respondent No. 1 a decree of the Subordinate Judge of Delhi. The suit was initiated for the partition of the estate of Pandit Basheshwar Nath Shivpuri who had recently died. The appellant is one of his nephews. There were four defendants, and the relationship of the parties one to the other is shown by the table following : Jawala Nath _____________________________|_________________________________ Janak Dulari || ||Bishambar = Mussammat Niranjan | |Basheshwar = Mussammat | | Amar Nath Nath Nath Radhika Rani Nath Tej Rani|in | (died on (died in 1930) (died |||||= Mussammat | 22-7-1938)_|____________________________| | || | |Autar Tribhawan Shambhu 1919)|||Ram Nath | Nath Nath Nath (dead) | (defendant 2) (defendant 3) (plaintiff) _____________________________________________________________ | | || | |Hirdey Nath = Mussammat Pushkar Nath Dina Nath (died on Iqbal Rani (defendant No. 1) |28-4-1938) |BrijMohan Nath.

(2.) DEFENDANT No. 4, Pran Kishori, was a niece (the daughter of the deceased man's wife's sister).

(3.) THE first Court held that all the joint holdings stood in the names of the parties to the suit as nominees except that in the name of defendant No. 4 Pran Kishori. THE High Court agreed in the last result but held that all the joint holdings like hers were for the advancement of those whose names were joined with that of the deceased and should be excluded from the partition.