VISHWA NATH Vs. PREM NATH

JUDGEMENT

(1.) THIS Civil first appeal is directed against the judgment dated September 10, 1973, of Thakur J whereby he passed a preliminary decree in a suit for partition of the joint family property brought by the appellant against his brother, Prem Nath, and his mother, Mst. Godawari respondent Nos 1 and 2 herein.

(2.) APPEARING in support of the appeal, Mr. C. M. Gupta, has raised the following points:

(3.) SO far as the first contention raised by Mr. C M. Gupta is concerned, we are unable to accede to the same. A conjoint reading of Paras 3l6 and 353 of the Hindu law by Mulla. 1970 Edition, would show that although a mother cannot compel a partition so long as the sons are united, she is entitled to a share equal to that of a son in the coparcernary property if a partition takes place between the sons. The contention of Mr. Gupta that since the mother is not a coparcener she cannot be given a share in the property, is, in our opinion not well founded. A mother though not a coparcener with the sons is certainly entitled to a share equal to that of a son, on partition in view of the aforesaid provisions of Hindu law. The first contention raised by Mr. Gupta. is, therefore, repelled.