HARISH CHANDRA Vs. MOHANLAL

JUDGEMENT

(1.) THIS is a second appeal by the defendants in a suit for partition.

(2.) THE relationship of the parties will be evident from the following pedigree table: - Jagannath Shiv Pratap Ram Pratap Motilal Ramchandra Lachmilal Harish Chandra Kanhaiyalal Sohanlal Mohan Lal Suraj Kumar Harikishan Dayal Bhawani Shanker Banwarilal Ramakant Kailash Subhash Chandra 2. After the death of Jagannath and Shivpratap, Motilal instituted the present suit on 9th July, 1949, on the allegations that one Pakki Haveli facing north, a nohara facing north, and a dilapidated Haveli facing west, situated at Dausa, and more fully described in the plaint, were the joint family property of the family consisting of the sons of Shiv Pratap, as it had been acquired by joint family funds in the life time of the father and grand-father of the plaintiff, who all lived together, although it was acquired in the name of Shivpratap. It was mentioned that the sale was obtained in the name of Shivpratap because the grand-father was indebted to various persons. It was then alleged that the said property No. 3 was obtained by the defendants Nos. 1, 2, 3, Harish Chandra, Kan-aiya Lal and Sohanlal under a gift from Shivpratap brought about by the said defendants. It was alleged that the said transfer by way of gift was invalid, and the plaintiff was entitled to a sixth share in the said property.