BHAGWAT RAM Vs. RAMJI RAM

JUDGEMENT

(1.) THESE are consolidated appeals by the plaintiffs, defendant No.2 and defendant No.5, from a judgment and decree of the High Court of Patna dated May 8, 1941, which varied a decree and judgment of the third Subordinate Judge of Patna dated April 10, 1937, decreeing the partition of the joint family property.

(2.) THE appeals arise out of a suit for partition instituted by plaintiff No.1 (hereinafter called the plaintiff), and his son, plaintiff No.2, against defendant No.1 (hereinafter called the defendant) and defendants Nos. 2 to 4, the other members of a joint Hindu family governed by the Mitakshara law. Defendant No.3 was a minor at the time of the suit but became a major subsequently. Defendant No. was born more than 3 years after the suit began, and was made a party to the suit.

(3.) TO appreciate the arguments, a few facts not disputed may be mentioned. The following genealogical table shows the relationship of the parties : Raja Ram|ramji Ram (Defendant No.1) |--------------------------------------| | First wife (deceased) Savitri Devi (second | wife) (Defendantno. 4) | |---------------------------- - || Bhagwat Ramlakshmi Newas Ram Sri Newas Ram | | Krishna Newas Ram (Plaintiff No.1) (Defendant No.5)|tarkeshwar Ram (Defendant No.2) (Defendant No.3) (Plaintiff No.2)