Judgment

S. R. DAS, CJI. : This is a plaintiff s appeal against the judgment and decree passed on April 22, 1952, by a Division Bench of the Punjab High Court reversing the decree passed on July 1, 1947 by the First Class Subordinate Judge, Ambala in favour of the plaintiff and dismissing the plaintiff s suit No. 239 of 1946. The appeal has been preferred on the strength of a certificate granted by the Division Bench on December 19, 1952.

2. The facts material for the purpose of this appeal may now be shortly stated: One Lala Beni Pershad died in the year 1910 leaving him surviving his widow Mst. Daropadi (defendant respondent No., 2) and two sons by her, namely, Gokul Chand (Defendant respondent No. 1) and Raghunath Das (plaintiff appellant) who was then a minor. Lala Beni Pershad left considerable moveable properties including many G. P. Notes and also various immoveable properties including agricultural land, gardens and houses. After his death the family continued to be joint until disputes and differences arose between the two brothers in 1934. Eventually on November 12, 1934, the two brothers executed an agreement referring their disputes relating to the partition of the family