KAULESARI SINGH Vs. AMBIKA DUTT SINGH

JUDGEMENT

(1.) This is a plaintiffs' appeal arising out of a suit for partition. One Bisun Singh had three sons, Kishun Singh, Narain Singh and Bharath Singh. Plaintiff 1 is the son of Kishun Singh, and plaintiffs 2 and 3 are the sons of plaintiff 1. Defendant 12 is the only surviving representative of the branch of Bharath Singh, he being Bharath'a grandson. Defendant 4 is the widow of Narain Singh and defendants 1, 2 and 3 are the sons of Narain Singh. The other defendants are the grandsons of Narain Singh. The plaintiffs' case is that the family is still joint, that Narain was the karta of the family till his death which took place in the year 1938, and that after his death, defendant 1 has been the karta. It is further alleged that Narain was in Government service and acquired properties in the name of his wife bat with funds belonging to the joint family and that as such the properties standing in the name of defendant 4 are liable to be partitioned.

(2.) The defendants' main contentions are that there was a partition of the joint family properties in the year 1337, which corresponds to the English calendar year 1929, and that the properties standing in the name of defendant 4 are per khas properties with which the family has no concern. Some orchards and homestead lands are still admitted to be joint.

(3.) The learned Subordinate Judge has dismissed the suit, his finding being that the properties standing in the name of defendant 4 are per khas properties and that there was a partition of the joint family properties in the year 1331.