SHIAM SUNDER GAUTAM Vs. TARA CHAND

JUDGEMENT

(1.) THIS is a defendants' appeal arising out of a suit for partition of Hindu coparcenary property.

(2.) THE plaintiffs pleaded that they formed a joint Hindu family with the defendants, Shiam Sunder and others and the property in suit was coparcenary property, that they possessed a 2/3rd share in the same and a 1/3rd share belonged to the defendants.

(3.) THE defendants denied that they were the members of the joint Hindu family or that the suit property was coparcenary property. They pleaded that the parties had separated 30 or 40 years ago. It was, however, admitted that the property was ancestral but further on it was pleaded that during the lifetime of their common ancestor, Shib Dutt, the property had been partitioned and thereafter they were living separately. The defendants also took up the plea that they were in adverse possession of the suit property. It was said that the suit was barred by limitation. It was also asserted that the brothers of Ram Chander, during the lifetime of their father, had refused to pay the debts of their father and that Ram Chander had discharged the said debts and, therefore, Shib Dutt, their father disinherited the other sons. It was denied that Chaman Prakash had been adopted by Gauri Shankar. It was also pleaded that the suit had not been properly valued for purposes of court fee and jurisdiction, and that, the plaintiffs were estopped from filing the suit on account of their acts and deeds.