JOY NARAIN GIRI Vs. GRISH CHUNDER MYTI

JUDGEMENT

(1.) THE facts necessary to the understanding of this case are as follows:

(2.) JOY Narain Giri and Shibpershad Giri were grandsons of Nund Kishore Giri; they were joint in estate, and between them had the whole interest in the estate inherited from their grandfather. Shibpershad Giri, in consequence of his cousin Joy Narain refusing to allow him any participation in this joint estate, left the house in which they had jointly resided, went to reside with the husband of his sister, and had to maintain himself for some time by moneys which he borrowed. Under these circumstances he brought an action against Joy Narain, in which he alleged that Joy Narain had expelled him from the joint family, and that he sued to recover possession of his eight annas share of all the joint properties, both real and personal, with mesne profits and interest from the date of dispossession. In that suit he obtained a decree the material part of which is in these terms, " The Court orders that the half of the various properties which, as stated above, are in the possession of Joy Narain be decreed to the Plaintiff; that the date of separation from commensality is to be reckoned from the month of Bysack of the year 1272, and that from that date to the date of obtaining possession he is to get the mesne profits of the immoveable properties according to what will be ascertained in execution of decree; that with regard to the household chattels, &c., the Plaintiff is to obtain half of what the Defendant has admitted ; that the Plaintiff is to obtain half of the proceeds of the pledged properties which are sold for the realization of the government rent, as well as half of the amounts of the decrees realized from the month of Bysack, 1272; that the Plaintiff is to obtain half of the proceeds of 12 solees and 4 bissees of paddy at the rate of Rs. 20 per bissee, and that he is to obtain half of all the properties mentioned in the said decree."

(3.) IT appears manifest from this statement of the case that the questions in both appeals are substantially the same. The real question in the cause is, whether there was a separation of estate between Joy Narain and Shibpershad Giri.