Lord Normand.-

The suit in which this appeal arises was begun in June 1938, in the Court of the Subordinate Judge in Delhi by the respondent, Nanak Chand, with whom his two sons were associated as plaintiffs, against his father, the appellant. The respondent claimed that the family was a joint Hindu family governed by the Benares School of the Mitakshara, and prayed for a partition, of a cycle business carried on at Delhi and Bombay, as he alleged, as a joint family business. He said in his plaint that the appellant had turned him out of the business in September 1936, and had not allowed him since then to take any part in it.

[2] There is now no question that the family was a joint Hindu family. The respondent, who was born in 1891 and married in 1912, resided in the appellant's house till 1917 according to the finding, now acquiesced in, of the Subordinate Judge. A younger son, Raghu Nath Prasad, had always had his home in the appellant's house save when he was attending to the Bombay branch of the cycle business, and all his living expenses have been defrayed by the appellant. Considerable sums of money were spent on the celebration of the marriages of members of the family, the r