P.C.MISRA, A.K.PADHI
BISWANATH CHOWDHURY – Appellant
Versus
SHYAM SUNDAR CHOWDHURY AND AFTER HIM NARAYAN CHOWDHURY – Respondent
JUDGMENT :
P.C. Misra, J. - Facts : Widow of one branch whose husband died in 1912 (prior to 1937 Act) executed a Sevasamarpanpatra in favour of 3 persons of other branches in respect of her share of properties and also properties belonging to the deity-After describing the facts and findings of Courts below, it is held :
The true notion of an undivided mitakshara family is that no individual member thereof can predict his share in the joint family properties while the family remains undivided as the shares of the cosharers are liable to fluctuation, depending upon the births and deaths of the family. Once the joint status is disrupted the share of the coparceners get defined, no matter whether actual division of the properties by metes and bounds is made pursuant thereto. Once the shares are defined either by agreement between the parties or otherwise the joint status gets severed. The parties may divide the properties by metes and bounds or they may continue to live together and enjoy the properties as before after the severance of status. Whether they divided the properties by metes and bounds or continued to enjoy the same jointly, it reflects only the mode of enjoyment, but the
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