CHANDERDEB LALL Vs. NANDJI LALL

JUDGEMENT

(1.) This is an appeal by the defendants arising out of a suit for partition.

(2.) One Ganpat Lal had five song, Satnarain Lal, Chhabilchand Lal, Ranjil Chand, Ramdayal and Chanderdeo. Satnarain and Chhabilchand died issueless, and the plaintiff is the son of Ramjil Chand, who had another son Makhan Lal, who also died without an issue. Ramdayal is defendant 1 in the suit and Chanderdeo is defendant 2, defendants 3, 4 and 5 being the sons of Chanderdeo. The case made out by the plaintiff was that the five brothers lived joint and that he and the defendants still constitute members of a joint Hindu family. It wag further alleged by the plaintiff that moat of the jote lands and movables in possession of the family had been acquired jointly by the five brothers, and that some of the lands had been purchased in the names of the different members of the family. He wanted a partition of his 5 annas 4 pies share in the family properties. Defendants 2 to 5, who are the appellants before us, contested the suit and their contention was that all the five sons of Ganpat had separated from one another and that the properties standing in the names of the defendants were their self-acquired properties.

(3.) The Court of first instance the Munsif of Katihar, dismissed the suit, his finding being that the separation between the brothers took place long ago, and that the properties have already been divided. That Court further held that lots 1 and 2 which stood in the name of Ramdayal (defendant 1), lots 3 and 4 which stood in the name of defendant 2, and lot 5 which stood in the name of defendant 3 were the self, acquired properties of these defendants.