BHAIRAB PRASAD SINGH Vs. BIRENDRA PRATAP SINGH

JUDGEMENT

(1.) This appeal raises an important question in the Hindu law of inheritance. The plaintiffs brought the suit alleging that they were entitled to one tenth share in the properties of their deceased grandfather Kunj Bihari Singh and asking for a partition thereof. The relationship of the parties will appear from the following pedigree : <FRM>JUDGEMENT_1_AIR(PAT)_1950Html1.htm</FRM> It is the agreed case that in 1940 Kunj Bihari Singh partitioned his properties with his sons, Bhairab Prasad and Suresh Prasad Singh; that in 1942 the plaintiffs became separate from defendants 1 to 4, who continued to remain joint. Kunj Bihari died in March 1944. The plaintiffs claimed that they were entitled to one-tenth share of his inheritance Defendant 1, Phekur Bhairab Prasad, resisted the claim on the ground that only he and defendant 5 were the heirs of Kunj Bihari. It was alleged that the plaintiffs could not claim any share in the inheritance since they were no longer coparceners having separated from defendants 1 to 4. On these rival contentions the Subordinate Judge granted a preliminary decree to the plaintiff for partition of one-tenth share of the property of Kunj Bihari Singh.

(2.) Against this decree defendants 1 to 4 have preferred this appeal.

(3.) The important question to be determined is whether the plaintiffs are entitled to a share in the inheritance left by Kunj Bihari Singh in spite of the fact that the plaintiffs have already separated from their coparceners.