DINA NATH Vs. MANSA RAM

JUDGEMENT

(1.) THIS second appeal is directed against the concurrent decisions of the Court below decreeing the plaintiff's suit.

(2.) THE plaintiff brought the present suit for partition of his 5/6th share in the court-yard Deohri, platform and stair-case. The Courts have come to the conclusion that all these properties are joint of the plaintiff and the defendants. The plaintiff has 5/6th share therein and the defendants 1/6th, with the result that a preliminary decree for partition was passed by the trial Court and it was affirmed by the lower appellate Court.

(3.) THE only contention raised by the learned counsel for the defendants is that these properties are impartible. For his contention reliance is placed on Shantaram balkrishna v. Waman Gopal Wadekar, AIR 1923 Bom 85 and Nathubhai Dhirajram v. Bai Hansgavri, (1912) ILR 36 Bom 379. In Shantaram Balkrishna's case the following relevant passage from Mitakshara was quoted:-