NANHIBAI ALIAS TULSIBAI Vs. BADRIPRASAD GANPATLAL

JUDGEMENT

(1.) APPELLANT Smt. Nanhibai alias Tulsibai instituted Civil Suit No. 3 -A of 1956 in the Court of the Additional District Judge, Hoshangabad, for possession of lands to the extent of one -half share and mesne profits for the years 1947 -48 to 1949 -50. The suit was dismissed. She has therefore filed this first appeal.

(2.) THE following genealogical tree shows the relationship between the parties: The Plaintiff (Appellant) is thus the daughter of Naraindas and the Defendants (Respondents) are the sons of Naraindas's brother Ganpatlal. Mangilal died on 4 -7 -1893, Ghasiram on 20 -11 -1897 and Naraindas on 10 -12 -1920.

(3.) THE Defendants' case was that Mangilal was joint with his three sons Ghasiram, Naraindas and Ganpatlal and that they were doing business in the name of "Baldeo Mangilal". The consideration for the purchase of village Nasirabad was advanced by Mangilal from the funds of the shop, and Ghasiram, who was the eldest son, was nominally joined in the sale -deed on the basis of which the village came to be recorded in equal shares of 0 -8 -0 each in their names. The family continued joint and after Mangilal's death, his property passed by survivorship to the other two brothers. It was further alleged that the villages purchased by Naraindas and Ganpatlal were also joint family properties and after the death of Naraindas, they passed to Ganpatlal to the exclusion of Naraindas's widow. The partition alleged by the Plaintiff was denied by the Defendants. As the family continued joint and the whole property passed by survivorship to Ganpatlal, the Plaintiff's claim to the properties was denied.