CHANDU Vs. KIRPA RAM

JUDGEMENT

(1.) THIS is a defendants' first appeal arising out of a suit for partition between members of a Hindu trading family. As this is an appeal which was pending before the Chief Judicial Officer, Simla Hill States, it stood referred to this Court for decision as a Judicial Committee under Section 35 of the State Courts Act, 1943, by the Chief Commissioner Himachal Pradesh by Notification No. J 79 15/48, dated 14 1 1949.

(2.) THE relationship between the parties will appear from the following genealogical table.

(3.) ON 15 9 1999, the present suit was filed by members of one of the two branches who were defendants in the former suit. The present defendants are members of the other two branches. The reliefs claimed are rendition of account of family money lending business and possession by partition on one third share of all family movable and immovable properties. The allegations on which these reliefs are claimed are that the arbitrators were guilty of misconduct and did not properly take accounts or partition the property, the only property partitioned by them being a sum of Rs. 18,000 in plaintiffs' possession. The defendants pleaded, inter alia that the partition effected by the arbitrators was a complete partition of the entire family property.