RAM LAKHAN Vs. PANDIT RAGHUNANDAN

JUDGEMENT

(1.) This appeal arises out of a suit for partition. The plaintiff is the appellant. The relationship between the parties is shown in the genealogical table in schedule A of the plaint. The properties in which the plaintiff claims partition are shown in schedules B, C and D of the plaint. The learned Subordinate Judge rejected the plaintiff's claim for partition and dismissed the suit.

(2.) The genealogical table given by the plaintiff in his plaint was not challenged by the defendants. Hence the genealogical table is given below to show the undisputed relationship between the parties :

(3.) The plaintiff's case briefly stated is as follows : - Shaligram Missir alias Sagar Missir and his four brothers had joint ancestral properties and although there was no partition by metes and bounds they were in separate possession of different portions of the ancestral properties by way of convenience. They also lived separately from each other. The brothers after their mutual separation also acquired separate properties and were in separate exclusive possession of the properties so acquired by them.