BHAGAT MADAN LAL Vs. GOJRI DEVI

JUDGEMENT

(1.) THIS is a defendants appeal in a suit brought by the plaintiffs for partition and rendition of accounts. The suit was decreed by the Addl. D. J. Srinagar and hence this appeal before us.

(2.) THE plaintiffs case before the court below was that the defendants and Bhagat Krishan Chand husband of plaintiff 1 formed a joint family which owned huge immovable properties and carried on family business. The plaintiff as the widow of Krishan Chand brought a suit for partition of her share and rendition of accounts. The suit was brought obviously on the basis that since there was a disruption in the joint family the property ceased to be coparcenary property and was therefore inherited by the plaintiff as the widow of Krishan Chand.

(3.) THE suit was resisted by the defendant mainly on two grounds. In the first place it was averred by the defendants that there was no disruption of the joint family and therefore after the death of Krishan Chand the family property would pass by survivorship to the defendants and not to the plaintiff Gojri Devi. It was also contended that during the life time of her husband Mst. Gojri Devi renounced the world and became a Sanyasan and she was therefore excluded from inheritance. The defendants also denied that there was any joint family business run by them alongwith Bhagat Krishan Chand and therefore the question of taking any accounts did not arise.