YADAO Vs. NAMDEO

JUDGEMENT

(1.) This is an appeal by the plaintiff, a minor through his guardian, from a decree, dated April 27, 1918, of the Court of the Judicial Commissioner of the Central Provinces, which reversed a preliminary decree of the partition of December 15, 1916, of the additional District Judge of Akola, in Berar, and dismissed the suit. By the preliminary decree it was declared that the parties to the suit were entitled to separate possession of the property mentioned in the schedule to that decree, and that : "The plaintiff, as a legally adopted son of the deceased Pundlik Patil, is entitled to a half share in the property immoveable and moveable, including the shop assets, and that he is entitled to the possession of that half share after a partition of it all by metes and bounds as against the defendant. If any other property besides that in the hands of the receiver available for partition is brought to the notice of the Court, till the passing of a final decree of partition it shall be put into the schedule," and a Commissioner was appointed to make partition of the said property.

(2.) The plaint in the suit was not in the form of a plaint for partition, but in the Courts below the suit was treated as a suit for partition, and as a suit for partition their Lordships will consequently regard it.

(3.) The following short pedigree shows the position of the parties :-