Sir George Rankin.:-

This appeal arises out of a partition suit brought on 3rd August 1928, in the Court of the Subordinate Judge of Azamgarh by one Ram Rup son of Ram Narain a Hindu governed by the Mitakshara. Ram Rup, the plaintiff, died in 1936 and is now represented by his son and grandson. At the date of the suit, his father and all his brothers were dead and he impleaded as defendants 1 to 6 the sons and widows of his brothers. The widow of one brother who had died in 1915 was not impleaded but need not be further mentioned. Defendant 1 is the son of his eldest brother Bhairon and is the appellant before the Board. The plaintiff averred that he and his nephews were members of a joint Hindu family of which Bhairon until his death in 1927, and thereafter the appellant, had been karta. He pleaded that on 4th August 1927 the various members of the family had by a deed dated 4th August 1927 agreed to come to a partition and nominated arbitrators for the purpose; and that these arbitrators had carried out this work in part though they had not effected any division of the houses, when on 23rd July 1928 they withdrew from their task. The plaintiff joined as defendants certain persons