S. Ravindra Bhat

1. This appeal has been preferred against the judgment and order of the learned Single Judge dated 11-07-1997 in Suit No. 235/1976. The appellant (hereafter referred as “Jai Krishan”) was the first defendant in the suit for partition filed by the first respondent, Hari Krishan (hereafter referred to as “the plaintiff” and “Hari Krishan”).

2. The facts briefly are that the plaintiff and the appellant are brothers. The suit originally impleaded the other brothers i.e. Brij Krishan, Gopal Krishan, Avtar Krishan – their father, Balkrishan Das and their mother Ram Kala Devi. Balkrishan Dass (the appellant’s father) was one of the five sons of Girdhari Lal (i.e. grandfather of the plaintiff and the appellant). His other brothers – uncles of the said two parties – were Babu Ram, Banwari Lal, Murari Lal and Devi Charan. The parties’ grandfather Lala Girdhari Lal was part of a joint Hindu family. He also had a business known as Panna Lal Girdhari Lal (PLGL). PLGL was a joint family business. The appellant and his two minor sons had filed a suit No. 317/1961 claiming that they were members of joint family firm and were entitled to share in the business and propert