JUDGMENT - Pathak J.-This is a plaintiff's appeal on a certificate granted under sub-clause (a) of clause (1) of Article 133 of the Constitution by the High Court of Madhya Pradesh.

2. The appellant, who belongs to a prominent family of Jabalpur, instituted a suit, out of which the present appeal arises, for partition and separate possession and for rendition of accounts. The properties in suit comprise most of the estate falling to the share of one Seth Jagannathdas on a family partition of October 19, 1939.

3. The genealogy of the family may be set forth:

Diwan Bahadur Ballabhdas (died in 1925)

Mannoolal Kanhaiyalal Jamnadas Mankuarbai

(died in 1916) (died in 1523) (died in 1939)

M. Narayanibai

(respondent) Narsinghdas

(respondent)

Jagannathdas

M. Premwati

Balkrishandas Goverdhandas Madhusu- Tribhu

dandas wandas

(appellant)

Jagannathdas and his wife Premwati had no children. Premwati suffered from tuberculosis for several years and died on September 24, 1951. After her death Jagannathdas created a trust by a registered deed dated March 17, 1952 called the Seth Maitinoolal Jagannathdas Hospital Trust in respect of most of his estate. He reserved the right to revoke the trust, but subsequentl

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