BHAGIRATH PRASAD Vs. BADRIPRASAD

JUDGEMENT

(1.) THIS is defendants' appeal from the decree for money and rendition of accounts.

(2.) DEFENDANTS-APPELLANTS are sons of Jagmohan Singh who died on 9-7-1941. Plaintiff-respondent is his younger brother. The two brothers inherited the property of their father, Janki Prasad, who died on 13th September 1929. They continued joint till 18th May 1931 when they referred the question of partition of the joint family property for decision by Panchas. The arbitrators gave an award on 13-9-1931 with respect to the division of house property. In this partition, houses worth Rs. 67500/-were given, to Jagmohan Singh and worth Rs. 65500/to badri Prasad. In order to equalise the shares, the arbitrators provided as below :

(3.) AFTER the award, the brothers referred the dispute of partition of the remaining property purchased on 26th January 1932 vide Ex. P-27. The arbitrators effected a partition on 10th September 1932 in respect of the villages, lands and some moveabies. This partition also was accepted by the brothers. The brothers then made a third reference to arbitration on 21-12-1933 for division of the remaining property : See Ex. P-12. The arbitrators, however, could not make an award and in the meantime the defendants served them with a notice in August 1937 not to proceed with the arbitration. Thus certain old debts consisting of hundis and cheques remained undivided.