GULAB NARAIN Vs. BANSHI DEVI

JUDGEMENT

(1.) HEARD Shri O. P. Garg, learned counsel for the appellant.

(2.) PLAINTIFF-appellant Gulab Narain instituted Civil Suit No. . 45/1982, against Smt. Bhonri, Gopal Soni and Smt. Banshi for partition, which has been partly decreed by the Addl. District Judge No. 5, Jaipur City by his judgment and decree dated December 22,1988, declaring that the plaintiff-appellant is entitled to get the suit property partitioned in which he is one of the co-sharers. Against this preliminary decree, the plaintiff has filed this first appeal.

(3.) THE learned counsel for the appellant next urged that mesne profits should have been awarded to him. On this point also, it is well settled by the decision in Manikayala Rao vs. Narasimha Swami (3) that the purchaser of a coparcener's undivided interest in joint family property is not entitled to possession of what he has purchased. His only right is to sue for partition of the property and ask for allotment to him of that which on partition might be found to fall to the share of the coparcener whose share he had purchased. His right-to possession "would date back from the period when a specific allotment was made in his favour. "