Judgement

Appeal from a decree of the Court of the Judicial Commissioner (October 30, 1909) modifying a decree of the judge of Hardoi (August 27, 1908).

On June 20, 1905, the appellants Suraj Narain and his sons sued Bakht Narain and his sons for partition and possession of their half-share of the joint family property which had descended from Bishan Narain, their immediate ancestor.

Suraj Narain alleged that he had totally separated himself from Bakht Narain at the end of October, 1901, that there had been a " legal partition " of the properties, first made in November, 1900, and then in October, 1901, and he accordingly prayed for mesne profits in respect of the appellants half-share from the end of October, 1901.

Bakht Narain denied the separation and partition as alleged and the right of the plaintiffs to mesne profits.

The first Court found that Suraj Narain had separated in mess and worship from Bakht Narain; that he received some moneys from joint funds, but that they were trifling sums, and not proportionate to his share; that he was excluded from the joint family properties, and that the possession of the respondents was wrongful to the extent of the plaintiffs share. He h