Bhagwati, J. :- This is a Letters Patent appeal from a judgment of Chainani, J., delivered in second Appeals No. 608 of 1948 and 1110 of 1948 against the judgment of the lower appellate Court constituted by the learned Judge, Small Cause Court, Poona, (with appellate powers), who allowed the appeal against the decision of the learned Extra

Joint Civil Judge, Poona, dismissing the plaintiffs suit with costs. The facts which led to the filing of the suit may be shortly stated as under.

2. One Mahadev Gadre, had two sons Balkrishna and Govind. Balkrishna was the elder son, but he was spiritually inclined and almost renounced this world. He had a son Trimbak alias Bapurao, and Trimbak had two sons, Martand and Janardan. Govind was a pleader. The joint family of Mahadev Gadre, Balkrishna and Govind flourished and owned large movable and immovable properties. They also carried on a money-lending business in which large capital was invested. After the death of Mahadev Gadre, both the brothers Balkrishna and Govind continued to remain joint, but towards June-July 1894 Govind, after he returned from pilgrimage to Benares, wanted to give effect to the desire which he had entertained