RAMLAL Vs. KANHAIYALAL

JUDGEMENT

(1.) THIS second appeal arises from a suit for partition instituted by the purchaser of the undivided interest of a member of a Hindu coparcenery.

(2.) BRIEFLY stated, the material facts are that Ramtal appellant obtained a money decree against Manakchand (defendant No. 2 ). In execution of that decree, he purchased the undivided interest of Manakcband in the properly of Hindu coparcenery comprising of Manakcband, his father Kanhaiyalal and bis brother ganeshilal. In the execution proceedings, objections were filed under Order 21, rule 58, Civil Procedure Code, by Kanhaiyalal, Ganeshilal and Mst. Jasodabai, wife of Kanhaiyalal. The objections were dismissed. A suit under Order 21, Rule 63, civil Procedure Code, was also instituted but it was dismissed. Sale certificate was issued to the plaintiff on March 15, 1955.

(3.) RAMLAL then brought the present suit for partition of the house and separate possession of its 1/3rd share. He also claimed mesne profits, Rs. 60/-, and future mesne profits at Rs. 20/- per month from August 25, 1962.