TEK BAHADUR BHUJIL Vs. DEBI SINGH BHUJIL

JUDGEMENT

(1.) THIS is an application under Rule 38 of the rules for the Administration of Justice and Police in the Khasi and Jaintia Hills. Debi Singh Bhujil, - -opposite party No. 1 brought a suit claiming partition and separate possession of the disputed properties. The trial court ordered partition of the half share of the landed and other immoveable properties of the Gurkha Dairy Firm as described in schedule of the plaint and also decreed the suit of the plaintiff for declaration of his half share of the income and profits of the business known as Gurkha Dairy from January, 1943 to the date of its closure.

(2.) ACCORDING to the plaintiffs case, applicant Tek Bahadur Bhujil and Dhanbir Bhujil were brothers and the opposite party Beli Bhujelini was their mother. The Gurkha Dairy at Mawprem was acquired by the joint family in the name of the defendant No. 1 as he was the eldest son. Some other business was also started by the family such as Indian Sweetmeat House and Delkhosh Cabin at Police Bazar in the name of pro forma defendant No. 2. On 31st December, 1942, all the three brothers, with the consent of their mother, entered into an agreement under which the land and houses and business at Mawprem was to be enjoyed by the plaintiff -respondent No. 1 and the applicant jointly half and half and the business at Police Bazar was given to defendant No. 2.

(3.) THE first contention raised is that Sri Lyngdoh had no jurisdiction to hear and decide the appeal inasmuch as he cannot be invested with the powers of the Deputy Commissioner under the rules Framed for administration of justice and police in the Khasi and Jaintia Hills - -hereinafter called as the rules. Secondly, it was contended that the document of 1942 was not a family settlement and thus cannot create any interest in the property in favour of the plaintiff.