Sir George Rankin:-

This appeal arises out of a partition suit between members of a Bengali family governed by the Dayabhaga. The contest is between uncle and nephews; that is between the appellant Nutbehari, who was defendant 1 in the suit, and the three respondents, sons of his deceased brother Haridas, viz., Nanilal (the plaintiff), Manmatha (defendant 2) and Nagendra Nath (defendant 3). These three brothers make common cause against Nutbehari. As McNair, J. has noticed :

The real protagonists are Nutbehari and his nephew Manmatha Nath, who are admittedly contractors in a large way of business. Manmatha, although he is not the plaintiff, admits that he is financing the suit.

The trial Judge (Subordinate Judge, 4th Court, 24 Perganas) dismissed the suit save as regards a small plot of land measuring about 3 bighas and 4 cottas, upon which the family had been living: this land, but not the house built thereon, he treated as joint property of the parties, though he refused to divide it by metes and bounds. By way of partition he directed that it should be valued and that on the uncle, Nutbehari, paying one-half of the value for division between the nephews, he should retain the whole