(1.) The point for determination involved in this appeal turns on the question whether the plaintiffs, who were admittedly members of a joint Hindu family governed by the Mitakshara law, separated as they allege in October 1901, or whether they continued joint in property, if not in food and worship, as the defendants contend up to the institution of the suit in 1905.
(2.) The parties are Kashmiri Brahmins settled in Oudh and, with the exception of the defendant Ratan Lal, are descended from one Pandit Bishan Narain who died over forty years ago. He left four sons, of whom Pandit Suraj Narain the first plaintiff is the only one now surviving. On Bishan Narain s death his eldest son Raj Narain became the Karta of the joint family. On his death in 1890, Ram Narain, the next in order of seniority, assumed charge of the family estate. He died in October 1900, leaving a daughter who is married to the defendant Ratan Lal. Her son Raj Indar Narain appears to have been adopted by Ram Narain, and although his name frequently appears in the course of the present litigation he is no party to the action. On the death of Ram Narain, the defendant Bakht Narain, who has died since the institution of this suit, applied in November 1900 for mutation of names in the Collector s Register in respect of the joint family property. On the 8th of December 1900, Suraj Narain filed a petition objecting to the mutation being effected in Bakht Narain s name alone, and praying that his name along with the plaintiff s and Raj Indar Narain s might be entered in equal shares.
(3.) Some action appears to have been taken by the Revenue authorities on the application of Bakht Narain, but before any definite order was made, the parties came to a settlement which was embodied in a deed of compromise. This document bears date the 27th of February 1901, and after reciting the facts connected with Suraj Narain s application, proceeds to state as follows :- Hence, in submitting this application we pray that mutation of names be effected in favour of Pandit Bakht Narain alone as the head of a joint family, and the status of the family has continued joint from the death of Pandit Ram Narain up to this day and shall remain so as long as any dispute does not arise among the heirs.