MATUK LAL SAO Vs. DRAWPATI DEVI

JUDGEMENT

(1.) THIS appeal arises out of a suit for partition and accounts.

(2.) RAGHUNANDAN, the deceased husband of the plaintiff and defendants Nos. 1 to 3 are sons of one Karulal, who died in the year 1939. Defendants Nos. 4 and 4(a) ate sons of defendant No. 1, Defendant No. 5 is the son of defendant No. 2. The coparcenary, of which Karulal was at one time the Karta, possessed, according to the plaintiff, considerable movable and immovable properties and a business carried on under the name and style of 'Nathun Sao-Karulal'.

(3.) AFTER the death of Karulal, plaintiff further alleged, defendant No. 1 became the Karta and began to manage the joint estate. According to the plaintiff, she came to know, in or about the months of April 1951, that the defendant No. 1, in collusion with defendants Nos. 2 and 3, had misappropriated considerable amounts out of the joint funds and out of the income of the joint estate, including the income from the business 'Nathun Shao-Kanilal'. Thereupon, the plaintiff is said to have claimed accounts from the defendants, particularly from defendant No. 1. The reaction of the claim on defendants Nos. 1 to 3 was that they wanted to separate.