Judgment

GHULAM HASAN, J.: This appeal is brought by leave of the High Court of Bombay against the judgment and decree of a Division Bench of that court (Bavdekar and Dixit JJ.) dated March 25, 1952, modifying the judgment and decree of the Civil Judge, Senior Division of Thana, dated June 30, 1951.

2. The appeal arises out of a partition between 6 brothers of a joint Hindu family. The joint family carried on joint family business of a 353 grocery shop, liquor shops, a ration shop, a motorbus service and also money-lending under the name of "Sontakke Brothers". The family also possessed immovable and movable property. Balkrishna Sitaram Sontakke is the eldest of the brothers and is the plaintiff to respondent in the present appeal. He will be referred to hereafter as the plaintiff.

3. It is common ground that up to 1944 the brothers were living and messing together and the income from the family business used to be kept with the plaintiff. From. April 14, 1945, the situation changed and the parties began to appropriate the proceeds of the various businesses carried on by them separately to themselves. The plaintiff was running the liquor shops, defendants 1 and 2, who are the appellan