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1988 Supreme(All) 266

OM PRAKASH
MUNESH KUMAR – Appellant
Versus
LALLI PRASAD – Respondent


Advocates Appeared:
C.K.RAI, SIDHESHVAR PRASAD SINGH

OM PRAKASH, J.

( 1 ) THIS is a second appeal against the judgment and decree dated 30th March, 1984 passed by learned III Additional District and Sessions Judge, Varanasi.

( 2 ) BRIEF facts are that one Sri Govind Prasad died in the year 1937. Radhika Prasad, Debi Ratan, Parmeshwari Deen, Shitla Prasad Agnihotri (respondent 3) and Prem Shanker Agnihotri (respondent 4) are the sons of Sri Govind Prasad. The appellants are the sons of Sri Prem Shanker Agnihotri (respondent 4 ). The case of the appellants is that Radhika Prasad, Debi Ratan. Parmesh-wari Deen and Shitla Prasad (respondent 3) separated from their father Govind Prasad in his lifetime and after this separation, the joint family of Govind Prasad consisted of himself, his widow and his son Sri Prem Shanker Agnihotri (respondent 4 ). Sri Prem Shanker Agnihotri was minor, when Sri Govind Prasad died. The father of the appellants carried on the job of Munim with a meagre earning for some years and in the year 1952 he started business styled as Krishna Lime Company with the funds of the joint Hindu family and Lallu Prasad (respondent 1) was employed in the business of the joint family in the year 1955. To establish joint family















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