BHAGWAT RAM Vs. RAMJI RAM

JUDGEMENT

(1.) These are consolidated appeals by the plaintiffs, defendants 2 and 5 from a judgment and decree of the High Court of Patna dated 8-5-1941, which varied a decree and judgment of the third Subordinate Judge of Patna dated 10-4-1937, decreeing the partition of the joint family property.

(2.) The appeals arise out of a suit for partition instituted by plaintiff 1 (hereinafter called the plaintiff), and his son, plaintiff 2, against defendant 1 (hereinafter called the defendant) and defendants 2 to 4, the other members of a joint Hindu family governed by the Mitakshara law. Defendant 3 was a minor at the time of the suit but became a major subsequently. Defendant 5 was born more than 3 years after the suit began, and was made a party to the suit.

(3.) The following question's raised by the plaintiffs, defendants 2 and 5, respectively, in their appeals, arise for determination before the Board: (1) Whether items 27, 28, 59, valuable articles of jewellery, mentioned in the amended Sch. 2 of the plaint have been established to belong to the joint family. (2) Whether the Courts below should have held that defendants was entitled to arrears of maintenance. (3) Whether it was open to defendant 5, born more than 3 years after the partition suit began, but before the actual division of the estate, to claim a separate share in the joint family estate as an "after-bornson" i.e., in other words, whether the Courts below should have held that the plaintiff and defendants 1 to 3 were each entitled to 1-6 share in the property. Other questions raised in their appeals were abandoned by the appellants in the course of the hearing of the appeals.