RAGHUBIR DATT PANDE Vs. NARAIN DATT PANDE

JUDGEMENT

(1.) The suit which has given case to this appeal was for a declaration that certain property situate in mouza Belwa was owned and possessed by the plaintiffs and that the defendants had no title to the same. The plaintiffs alternatively claimed possession.

(2.) Bhagwan Dat Pande had three sons: Narayan Dat Pande, Shankar Dat Pande and Nageshar Dat Pande. Plaintiffs 1 to 3 are the sons of Nageshwar Dat Pande and plaintiff 4 is the widow of a predeceased son. Defendants 2 to 5 are the daughters sons and son-in-law of Narayan Dat Pande in whose favour the latter executed a deed of gift of either the entire property in dispute or of a substantial portion thereof.

(3.) Bhagwan Dat Pande was the member of a joint family with his three sons. After his death a disruption ensued. Narayan Dat Pande undoubtedly separated from his brothers, but it is not clear whether any separation took place between Nageshar Dat Pande and Shankar Dat Pande. It is not improbable that Shankar Dat Pande lived in commensality with Nageshar Dat Pande upon the death of Shankar Dat Pande although the name of his widow Mt. Lakhpati was recorded against his share in the revenue papers. It is not improbable that she continued to live jointly with Nageshar Dat Pande and his sons.