Judgement

Appeal (No. 108 of 1926) from a judgment of the High Court (April 17, 1924) affirming a decree of the Subordinate Judge of Cuddapah, which affirmed a decree of the District Munsif.

The suit giving rise to the appeal was brought in 1917 by the first respondent against his undivided brothers and his sisters son, the appellant. The plaintiff claimed a declaration that he and each of the defendants were entitled to a fourth share of properties which, in addition to properties of the joint family, included property which the appellant when a minor had inherited, and properties (one of which had been bought in the name of the appellant) bought out of the produce of the combined properties ; he claimed a partition on that basis.

The facts appear from the judgment of the Judicial Committee.

The Courts in India found in effect that there was an implied agreement that the whole property should be treated as the common property of all the four parties, and upon that basis decreed the suit.

1928. Oct. 22, 23. Dunne K.C. and Narasimham for the appellant. The onus was upon the plaintiff to prove that the appellants property had ceased to be his exclusively. There cannot be implied from