HEM RAJ Vs. MATHRA DAS

JUDGEMENT

(1.) THIS is a plaintiff's appeal against a judgment and decree of Mr. Gurcharan Singh, Senior subordinate Judge, Ludhiana, dated the 1st October 1948, dismissing the plaintiff's suit lot partition by putting the plaintiff into separate possession.

(2.) A reference to the pedigree-table which is as follows will help in understanding the case : raghunath DAS |------------------------------------------| | | ramsaran Das Tikam Das Sarju Das (died issueless) | |-----------------------------------| | mathra Das Ramji Das alias Manohar Das alias Ram Ratan Das, (defendant ). | hem Raj (plaintiff ).

(3.) SARJU Das, it is alleged in the plaint, had separated and other persons shown in the pedigree-table remained joint as members of the joint Hindu family. On the 1st October 1908 ramsaran Das made a Will Ex. D. 1 which is printed at p. 102 by which he made his two nephews, sons of Tikam Das, as 'chelas' and bequeathed to them the whole of his estate in equal shares and gave certain other directions. In 1925 Ranji Das alias Ram Ratan Das died leaving a son Hem Raj, plaintiff. In 1929 Ramsaran Das died, Hem Raj at that time being a minor was brought up by his uncle Mathra Das 'alias' Manohar Das.