Judgement

Cross-appeals (No. 122 of 1920) from a judgment and two decrees of the High Court (June 20, 1918) partly affirming and partly reversing a decree of the Subordinate Judge, Second Court, Dacca.

The appeals arose out of a suit brought by the above-named Jaga Mohan Pal for partition of joint family property and accounts; the family was governed by the Dayabhaga.

The circumstances in which the suit was brought appear from the judgment of the Judicial Committee.

The plaintiff by his plaint claimed that, in addition to his one-third share in the joint family property, he was entitled under the will of his deceased brother, Radha Gobind Pal, to the deceaseds one-third share of the movables and of the karbar (business) properties.

The Subordinate Judge held (inter alia) that the plaintiff had thrown the whole of the income and profits of his share in the joint estate into the joint family fund, and that he was therefore prevented from asserting a right to the additional one-third share in the properties acquired after the death of his brother. The decree for partition was made upon that basis.

On cross-appeals the High Court modified the decree; the learned judges were of opinion