SITAL SINGH Vs. RAM PRASAD SINGH

JUDGEMENT

(1.) These two first appeals arise out of a decision in Title Suit No. 54 of 1956 of the Subordinate Judge, Second Court, Muzaffarpur.

(2.) The appellants of First Appeal No. 211 of 1948 instituted the above suit for partition against the appellants of the First Appeal No. 152 of 1948. The plaintiffs are the sons of Jamuna Singh, the deceased brother of Bam Prasad Singh (defendant No. 1). The other respondents are the sons of defendant No. 1 Jamuna and Ram Prasad had one more brother named Gangotri Singh, who died unmarried.

(3.) The plaintiffs' case, in short, is that the parties have been separate in mess since 1944, but the family is still joint in other respects and 'defendant No. 1 is the Karta thereof, the properties movable and immovable, sought to be partitioned, according to the plaintiffs, are still joint, the total valuation thereof is Rs. 10,101. The immovable properties included both ancestral and self-acquired. Lately, there have been disputes between the parties. Hence the suit. The plaintiffs also seek rendition of accounts from defendant No. 1 in his capacity of Karta of the family.