MAHADEV MISSIR Vs. BASUDEV MISSIR

JUDGEMENT

(1.) The plaintiff's have alleged that defendant No. 1, Mahadev Missir, is the elder brother of plaintiff No. 1, Basudeb. They hail from U.P. About 30 years ago, the plaintiff No. 1 and defendant No. 1 came to Kharagpur in the district of Midnapore in search of employment. They settled there, lived in joint mess and jointly dealt in ready-made garments, blankets, clothes etc. Mahadev was the karta of the joint family and he used to supervise the business. Subsequently, their business flourished. Out of the Ejmali fund, Basudeb and Mahadev Missir acquired properties from time to time. Some of the acquisitions were made in the name of Basudeb Missir, some in the name of Mahadev Missir, some in the name of plaintiff No. 2, son of plaintiff No. 1, and some in the names of defendants Nos. 2 and 3, sons of Mahadev. But all the properties listed in the schedule to the plaint are joint family properties. About five or six years ago, plaintiff No. l and Mahadev Missir fell out. Mahadev disclosed that all the properties were his self-acquired ones and the plaintiff's had no right therein and also asserted that the properties had been recorded in his name in the R.S. Khatian. So the plaintiff's asked for partition. No partition was effected by the defendants. Hence, the suit for partition regarding the plaintiff's 8 annas share.

(2.) Defendant No. l has filed a written statement denying the plaintiff's allegations. He has stated that though he came to Kharagpur, the business carried on by him and by Basudeb were separate ones. The plaintiff's have no interest therein. He derived income from his own business and acquired the properties from his own fund.

(3.) The learned subordinate Judge accepted the plaintiff's version. He stated that the properties in question were the joint family properties of the parties and they were not separately acquired by the defendant No. 1, as alleged. Excepting the land of Khatian No. 251, the suit was decreed. So, this appeal by the defendants.