T.V. Nalawade, J.

The appeal is filed against judgment and decree of Special Civil Suit No. 130/1974, which was pending in the Court of Civil Judge, Senior Division, Ahmednagar and also against the judgment and decree of Regular Civil Appeal No. 35/2001, which was pending in the District Court, Ahmednagar. The suit filed by Premsukh for relief of partition and separate possession of his share from Joint Hindu Family properties is decreed in his favour. Both the sides are heard.

2. The facts, leading to the institution of the appeal, can be stated in brief as follows :-

One Ramdayal was the father of plaintiff. Nandlal was also son of Ramdayal and he was the father of defendant No. 1 - Madanlal. Defendant Nos. 2 and 3 are sons of defendant No. 1.

3. It is the case of plaintiff Premsukh that he and defendant No. 1 were doing business under the name and style as 'M/s. Ramdayal Nandlal' at Ahmednagar and this was the business of Joint Hindu Family consisting of plaintiff and Nandlal. It is contended that only for convenience, the partnership was formed, but from prior to the formation of this partnership they were doing the business though under different name. The particulars of the properties which were owned by Ramdayal and which was subsequently acquired by these two brothers are given in the plaint. The properties include two go-downs situated at Panjarapol and Idgah Maidan, one plot situated at market yard, Ahmednagar, Survey No. 128/B situated at Shevgaon, Survey No. 128/A situated at Shevgaon, House properties bearing House Nos. 1285, 1286 and 1287 situated at Ahemednagar, other movable properties of the firm and gold and cash amount. It was contended that plaintiff has ½ share in all the properties. As the partnership was formed, relief was claimed for dissolution of the firm and for its account. Except the relief of share claimed in 'Sharad Fertilizer', which was said to be branch of Ramdayal Nandlal Firm, the reliefs are given in respect of all the other properties by the Trial Court and this decision is confirmed by the First Appellate Court. The decision of dismissal of suit in respect of the property 'Sharad Fertilizer' was not challenged by Premsukh or his successors and so, that property is not involved in the present proceeding.

4. The plaintiff had given the particulars of previous business in the plaint by contending that in the past, the business was done in the name and style as 'Kanhaiyalal Ramchandra Shop', which was started during the lifetime of Ramdayal. It is the case of plaintiff that ?rd portion of Ginning Mill property from Shevgaon was purchased in the name of Kanhaiyalal Ramchandra Shop and afterwards remaining ?rd portion was also purchased. Cause of action was given that the defendants were trying to grab the properties and they had withdrawn the amounts of the firm and they had opened separate accounts to deposit the amounts received for the firm. It was contended that after the death of Nandlal, defendant No. 1 was made partner in aforesaid firm on 16.4.1957 and this business was continued and the cause of action took place due to aforesaid conduct of defendant Nos. 1 and 2 in the year 1974.

5. Defendant No.1 filed written statement and he contested the suit. His son also contested the suit. Defendant No. 1 admitted his relationship with plaintiff, but he denied that the plaintiff has share in the suit properties. He contended that the suit was not within limitation.

6. The defendant admitted that partnership was formed by plaintiff and Nandlal under the name and style as 'Ramdayal Nandlal Firm', but he denied that it was Joint Hindu Family business and only for convenience, the partnership firm was created. He admits that in this partnership, the plaintiff has ½ share. He also admits that the property of Ginning Factory from Shevgaon was property of Ramchandra Nandlal Firm. However, he has contended that ?rd portion of Survey No. 128 from Shevgaon was self-acquired property of his father Nandl