Sir John Beaumont.-This is an appeal from the judgment and decree of the High Court of Judicature at Lahore, dated the 15th July, 1942, which allowed in part an appeal from, and modified the judgment and decree of the Senior Subordinate Judge of Gurdaspur, dated 3rd March, 1941.

It is common ground that prior to 1934 the appellant and respondent, who are full brothers, their father Bhodu Shah, and their step-brother Wadhawa Mal had formed a joint Hindu family, and that in 1932 Wadhawa Mal instituted a suit for partition. On 27th December, 1934, Bhodu Shah having died during the pendency of the suit, Wadhawa Mal on the one hand and the appellant and respondent on the other hand entered into a compromise whereby one-third of the family property was assigned to Wadhawa Mal and two-thirds to the appellant and respondent.

The suit in which this appeal arises was instituted by the appellant on 21st December, 1939. In his plaint he alleged that after the partition of 1934 he and the respondent remained members of a joint Hindu family, the respondent as the elder brother being the karta. The appellant claimed partition of the joint family property, possession of his share, and the rendering

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