Judgement

Appeal (No. 39 of 1943) from a decree of the High Court (May 15, 1942) which had modified a decree of the Subordinate Judge of Delhi (January 29, 1940).

The following facts are taken from the judgment of the Judicial Committee The suit out of which this appeal arose was initiated on November 1, 1938, for the partition of the estate of Pandit Basheshwar Nath Shivpuri, who had recently died. The appellant was one of his nephews. There were four defendants, and the relationship of the parties one to the other is shown by the table following —

Law. Rep. 71 Ind. App. 197 ( 1943- 1944) Pandit Shambhu Nath Shivpuri V. Pandit Pushkar Nath

86

JAWALA NATH

|

| | | | |

Bishambar Niranjan Basheshwar Mussammat Amar Mussamm

Nath Nath Nath = Radhika Rani Nath = at Tej Rani

| | (died on (died in 1930) (died in

| 22-7- 1938 1919)

| |

|

| | | Autar Nath | Tirbhawan | Shambhu Ram Nath | Mussam

| | | (defendant 2) Nath (defendant 3) Nath (plaintiff) | (dead) = mat Janak Dulari

| | | |

Hirdey Mussammat Pushkar Dina Nath

Nath = Iqbal Rani Nath |

(died on (defendant

28-4- 1938 No. 1)

|

Brij Mohan

Nath

The fourth defendant, Pran Kishori, was a niece (the daughter of the deceased mans wifes sister