JUDGMENT

Nasim Ali, J. - These two appeals are against the decision of the Subordinate Judge, Fifth Court, Dacca, dated 31st August 1936. Three brothers Lalit Mohan Chakravarti, Mathura Mohan Chakravarti and Lal Mohan Chakravarti were members of a joint Hindu family governed by the Dayabhaga School. Lalit was the eldest, Mathura the second and Lal Mohan the youngest. In 1308 B. S. corresponding to 1901 A. D. they started a business called Shakti Oushadhalay a for preparation of some Ayurbedic medicines with a small capital derived from the income of the properties left by their father and other properties acquired by them as members of a joint Hindu family after the death of their father. Within a very short time the business became prosperous and began to yield large income. Many moveable and immovable properties were acquired out of the income of the joint properties and business. Lalit died in 1324 B. S. corresponding to 1917 A. D. leaving a minor son Fanindra Mohan as his only heir. Mathura is managing the joint family property as well as the joint family business from a very long time. In the year 1926 Lal Mohan and the widow of Lalit as next friend of Fanindra instituted a sui