Judgement

Consolidated Appeal and Cross-Appeal (Nos. 119 and 120 of 1928) from a decree of the High Court (March 29, 1927) which varied a decree of the Subordinate Judge of Banda (April 3, 1925).

The suit was brought in 1923 by one Lal Man claiming partition. He alleged that he was joint with the defendants, and that his brother Gulzari Lal having died in 1920 he was entitled to a one-third share in the properties scheduled. The defendants by their written statement alleged that Lal Man had separated in 1907, and that he had received the whole of the one-fourth share to which he was entitled. The plaintiff having died pending the trial, his daughters sons, the respondents to the first appeal, were substituted for him ; the appellants to that appeal were the defendants.

The Subordinate Judge dismissed the suit. He found on the evidence, which included account books of the family, that Lal Man had separated in 1907, and that the other members of the family had remained joint; also, that by 1914 he had realized the whole of the one-fourth to which he was entitled.

Upon appeal the High Court, the learned judges (Mears C.J, and Dalai J.) affirmed the findings that Lal Man had separated