KARIM NENSEY Vs. HEINRICHS

JUDGEMENT

(1.) THESE consolidated appeals from a judgment and decree of the High Court of Judicature at Allahabad, which varied a judgment and decree of the Subordinate Judge at Aligarh, have involved the close scrutiny of a large number of documents covering a long period of years. In this task their Lordships have been greatly assisted by the diligent researches of counsel for the appellants, but after a careful consideration of all the material before them they have come to the conclusion that no sufficient reason has been shown for displacing the judgment of the High Court.

(2.) THE appeals raise the question in broadest outline whether there has been a separation of an undivided Hindu family of which the common ancestor was one Bhawani Das, who died very many years ago. The family and the parties to the suit out of which these appeals arise can be conveniently seen in the following pedigree :

(3.) IN the year 1938 the present suit was commenced by the appellants Durga Prasad and Gaya Prasad and a third plaintiff who subsequently disappeared from the proceedings. Every member of the family was made a party to the suit and they were conveniently grouped into five sets of defendants (1) Basdeo Sahai and his son Ramesh Chander (defendants 1 and 2), (2) Tota Ram (defendant 3), (3) Mt. Rukman Kunwar and Mt. Gango (defendants 4 and 5), (4) Yad Ram and Ghanshiam Das (defendants 6 and 7) and (5) Sri Thakur Murli Manoharji Maharaj (defendant 8) whose rights are no longer in dispute.