Baldev Raj, who is the applicant in revision No. 545 of 1972 and opposite party No. 1 in Civil Revision No. 531 of 1972, filed Civil Suit No. 39 of 1967 for partition, accounting and mesne profits. He alleged that there was a joint Hindu family, of which Nand Lal, his father, was the Karta. Nand Lal died in the year 1948 leaving behind vast properties. The said joint Hindu family was also carrying on business of the sale of books in the name of M/s. Universal Book Co. Nandlal, at the time of his death, left substantial cash and jewellery over and above the family business. It was out of the joint family fund and wealth left by Nandlal as well as out of the joint family business, a number of properties, which were mentioned in Schedule B of the plaint, were purchased. On these facts he asserted that he being a member of the joint family was entitled to receive 1/5th out of the entire properties. He subsequently amended his plaint and enhanced his claim from 1/5th to 9/40th, after the death of his mother.

On 10-3-1969, Baldev Raj filed an application No. 388-C praying for allowing a sum of Rs. 2,500 in the lump sum and further recurring payment of Rs. 300 per month to him as