INDAR PRASAD Vs. JAGMOHAN DAS

JUDGEMENT

(1.) This appeal arises out of a partition suit which has been pending in the Court of the Subordinate Judge of Lucknow for a period of nearly twelve years. The plaintiffs and defendants are, in each case, father and son, all members of a Hindu family governed by the Mitakshara school of Hindu law and at one time joint, The first plaintiff is the elder brother of the first defendant. The sons, being both of them infants during the greater part of the critical period, do not, except for one incident concerning the second plaintiff, enter into the story. It will be convenient, therefore, frequently throughout this judgment to refer to the respective fathers as if they represented the entire interest on either side. When their Lordships refer to them as plaintiff or defendant they will do so in this sense.

(2.) The family owned property, both moveable and immoveable, of considerable extent and value, including a banking and pawnbroking business. Some time in 1914 the first plaintiff left the family house, not, as has been found, on account of any differences with the first defendant, but because of illness. Subsequently, however, differences arose between the brothers, so acute that the resumption of joint residence was apparently regarded by both as impracticable. It was in these circumstances that this suit for the partition of the entire family property, including that relating to the business, was commenced on September 23, 1915. It has been proceeding ever since.

(3.) To the plaint are attached lists, particularizing the properties to be partitioned. These included the immoveable properties, the debts due, and the gold and silver ornaments pledged to the firm, together with brass and silver articles and other moveables in possession of the parties.