(1.) MADAN Lal filed a suit against his brother Des Raj, to seek rendition of accounts in regard to the income and sale proceeds of the agricultural land mentioned in the suit, on the plea that be was owner of 1/4th share and the defendant had the remaining share. He pleaded that on 5th October, 1972, the defendant admitted the plaintiff's claim and received Rs. 4100.87 as the price of 1/4th share in the land and agreed by a written document that henceforth the plaintiff would be entitled to 1/4th share in income and sale proceeds. The defendant is alleged to have transferred part of the land and part of it was acquired by the State Government.
(2.) THE defendant denied the plaintiff's allegations and contested the suit.
(3.) ON plaintiff's appeal the learned Additional District Judge was of the view that for determination of the real controversy between the parties who were brothers, it was necessary to frame the following issues, without which there would be miscarriage of justice: -