CHIRANJILAL Vs. GORDHAN

JUDGEMENT

(1.) THIS is an appeal by the plaintiffs, Chiranji-lal and Chitarmal, against the judgment of the District Judge, Alwar dated the 24th May, 1951, dismissing the suit of the plaintiffs for partition of coparcenary properties.

(2.) THE facts of the case, alleged by the plaintiffs are that Ram Pratap, who was living at the time of the filing of the suit, was the father of Chiranjilal and chitarmal, who are the plaintiffs and also of Gordhan who is the defendant No. 1. The family consisting of the father and three sons was alleged to be joint and the properties specified in the plaint were alleged to be joint family properties. The plaintiffs claimed 2/3rd share in the joint family properties. The defendant, Ram Pratap, filed a written statement saying that there were no ancestral properties left by Jhuntaram, the grandfather of the plaintiffs, and that the properties of which partition was claimed were his own self-acquired properties, and the plaintiffs had no share in them. He had made a gift of those properties in favour of Kalu Ram the son of Gordhan, and had got the gift-deed

(3.) IN this appeal two points have been urged by the learned counsel who appeared for the plaintiffs: