SAYED KASAM Vs. JORAWAR SINGH

JUDGEMENT

(1.) This is an appeal by the defendant in the suit against the decree of the Court of the Judicial Commissioner of the Central Provinces, reversing a decree of the Additional District Judge, East Berar, Amraoti, and giving judgment for the plaintiffs.

(2.) Nain Singh and the plaintiffs, who wore the issues of his brother Khannu Singh, formed at one time a joint Hindu family, resident in Berar and subject to the law of the Mitakshara as there interpreted. Before the date of the deed next mentioned, Nain Singh and the plaintiffs had become separate in mess and residence, but not in estate.

(3.) By a registered sale-deed dated September 29, 1902, Nain Singh sold his half share of the ancestral property of the family (with some moveablo property) to Syed Kasam for 20,000 rupees, of which 15,000 rupees were admitted by the vendor to have been received in advance, and the remaining 5,000 rupees were paid to him in the presence of the registering officer. No partition was then effected, but the purchaser was allowed to hold and cultivate certain parts of the property corresponding in value to a half share. On December 4, 1905, all the members of the family signed a kararnama appointing one Ghasi Ram as arbitrator to partition the property and agreeing to accept whatever partition lie might make. The arbitrator divided the property into two lists, one (representing a moiety in value) containing the property to be allotted to Nain Singh, and the other (representing the remaining moiety in value) containing the property to be allotted to the plaintiffs. The latter list was apparently divided into three sub-lists, one for each of the plaintiffs. These lists were handed to Nain Singh. The formal division was not at once carried out, as Nain Singh died on March 26, 1906; but alter his death the lists appear to have been acted upon by all the persons interested, as the purchaser was put into possession of the property allotted by the arbitrator to Nain Singh, and the plaintiffs from time to time dealt with various parts of the lands contained in their lists.