GYARSIBAI Vs. JAMNALAL MOOLCHAND

JUDGEMENT

(1.) THIS second appeal arises out of an appellate decree passed by the Second additional District Judge, Indore, whereby a decree for partition passed by the court of the Civil Judge Class II, Indore had been confirmed.

(2.) BRIEFLY stated the facts giving rise to this appeal are as under: The parties are related to each other as shown below:-Gyarsibai = Moolchand = Shakarbai (deft. 1) (died in 1948) (deft. 4)Devising Dindayal Jamnalal Nemchand (deft. 2) (deft. 3) (plaintiff) (deft. 5)According to the plaintiff, his father Moolchand died in 1948 and was at the time of his death survived by two widows--Gyarsibai and Shakarbai and four sons, namely, -- Devisingh and Dindayal (by Gyarsibai), and Jamnalal and Nemchand (by Shakarbai), all of whom are parties to the present litigation. During his lifetime, Moolchand was the owner of house No. 1, street No. 6 Pardeshipura, indore and an open plot of land bearing municipal No. 5 street No. 3, pardeshipura, Indore. Besides these two immoveable properties, considerable amount of gold, silver, bullock carts, cattle and cash worth Rs. 12000/-was also left by the deceased Moolchand. During the lifetime of Moolchand, his widows and his sons were members of a joint Hindu family.

(3.) FURTHER, according to the plaintiff, he served a notice on the defendants on 103-1961 and demanded partition of the joint family properties to which he and the defendants had succeeded on the death of Moolchand. In reply to this notice, the defendants denied the existence of any joint family property and the claim made by the plaintiff for partition.