AGARWALA, J.:- This is a defendants appeal arising out of a suit for partition. The facts of the case, in so far as they are relevant for this appeal, are as follows: Tikam Singh, the original plaintiff, Naim Singh, defendant 1, and Chattar Singh, defendant 2, are own brothers, being the sons of Girwar Singh. Girwar Singh had two brothers, Mohan Singh and Ulfat Singh. Ulfat Singh died issueless. Mohan Singh had two sons, Ram Prasad Singh deceased and Padam Singh, defendant 3. Balmukund Singh defendant 4, is the son of Ram Prasad Singh deceased. Tikam Singhs case in the plaint was that the whole family was at one time joint owning property, as well as money-lending business, that about the year 1937-1938 the Zamindari property was partitioned, but that the money-lending business remained joint. He, therefore, wanted a partition of his 1/6th share out of the money-lending business.

Chattar Singh, Padam Singh and Balmukund Singh practically admitted the plaintiffs case, while Naim Singh, defendant 1, contested it and alleged that he was the exclusive owner of the money-lending business as it was started by him in the year 1916 or 1917 after the death of Mohan Singh with a sum