JUDGMENT

KAILASAM, J.:—This appeal is by certificate granted by the Calcutta High Court against its judgment dated 18th May, 1967 in appeal No. 14 of 1957, upholding and affirming the judgment and decree dated 13-9-1956 in suit No. 1607 of 1938. The appellants in this appeal are defendants 12 and 13 in the suit. The suit was filed by Beharilal and his mother Ginni praying amongst other reliefs for a declaration that the respondent is entitled to 1/8th share in the assets and properties belonging to the joint family, for setting aside all conveyances and transfers and for a declaration that plaintiff is entitled to separate properties and funds of Laloolal Murarka, the father of the plaintiff and husband of second plaintiff. After written statements were filed, the plaint was amended on 6-7-1939 whereby an alternative claim for 1/8th share of the Companys property was made if it was held that there was no joint family but only a company.

2. One Ram Niranjandas Murarka died on 29th October, 1930 leaving his widow Janki Devi, the 10th defendant and 8 sons-Hiralal Murarka defendant No. 1, Nandlal Murarka since deceased, Radhelal Murarka defendant No. 3, Misri Lal Murarka defendant No. 5