A person who has renounced the world and become a Sanyasan is excluded from inheritance.

This is a defendants appeal in a suit brought by the plaintiffs for partition and rendition of accounts. The suit was decreed by the Addl. D. J. Srinagar and hence this appeal before us.

2. The plaintiffs case before the court below was that the defendants and Bhagat Krishan Chand husband of plaintiff 1 formed a joint family which owned huge immovable properties and carried on family business. The plaintiff as the widow of Krishan Chand brought a suit for partition of her share and rendition of accounts. The suit was brought obviously on the basis that since there was a disruption in the joint family the property ceased to be coparcenary property and was therefore inherited by the plaintiff as the widow of Krishan Chand.

3. The suit was resisted by the defendant mainly on two grounds. In the first place it was averred by the defendants that there was no disruption of the joint family and therefore after the death of Krishan Chand the family property would pass by survivorship to the defendants and not to the plaintiff Gojri Devi. It was also contended that during the life time of her husband Mst. Gojri Devi renounced the world and became a Sanyasan and she was therefore excluded from inheritance. The defendants also denied that there was any joint family business run by them alongwith Bhagat Krishan Chand and therefore the question of taking any accounts did not arise.

4. On the pleadings of the parties the learned Addl, D. J framed the following 18 issues: -

(1) Is the suit not properly valued for purposes of jurisdiction and payment of court fees. If so what is the value for these purposes and what is its effect on the suit? O.P.D.

(2) Is the jurisdiction of the court to hear and decide this case barred? O.P.D.

(3) Is the suit within time? O.P.D.

(4) (a) Whether the plaintiff 1 is not in possession of the suit property ? O.P.D.

(b) Whether the plaintiff No. 2 is in possession of the suit property? O.P.D.

(5) Is the suit defective on account of non-joinder of the parties? O.P.D.

(6) Is the genealogical table in the plaint incomplete or incorrect and how does this affect the suit? O.P.D.

(7) Whether plaintiff 1 has renounced the world and become a Sanyasi and therefore the suit is not maintainable in her name? O.P.D.

(8) Whether the plaintiffs are duly authorized to institute the present suit? O.P.P.

(9) Whether for the purposes of adopting Sanyas plaintiff 1 has changed her name and has now adopted the name Ganga Bhai and what is its effect on the suit? O.P.D.

(10) Has the firm referred to in the plaint become defunct? O.P.P.

(11) Is there any joint property of the parties liable to be partitioned. If so, what? O.P.P.

(12) On proof of issue no. 7 part 1 has the plaintiff 1 lost all rights to maintenance? O.P.D.

(13) Has defendant 1 alienated any portion of the property belonging to Bhagat Krishan Chand for payment of his debt and what is its effect on the suit? O.P.D.

(14) Are plaintiffs entitled to claim any share out of the property left behind by B. Krishan Chand deceased? O.P.P.

(15) When has Bhagat Kishan Chand passed away? O.P. Parties.

(16) Whether the defendants did run any joint business in the life time of B. Kishan Chand or after his demise? O.P.P.

(17) In case issue 16 is proved whether there have been any profits in this joint business. If so, how much and to what extent therefore the plaintiffs are entitled to? O.P.P.

(18) To what relief, if any, are the plaintiffs entitled? O.P.P.

5. The learned Addl. D. J. after a consideration of the evidence led by the parties before him accepted the plaintiffs case and decreed the suit and ordered a Commissioner to be appointed to go into the question of the account. When the appeal was argued before us, the counsel for the parties confined their argument only to two points:

(1) Whether or not there was a disruption of the joint family and (2) Whether the plaintiff having become a Sanyasan was excluded from inheriting the property and therefore in competent to execute the will. The le