Mt. Sohni vs Raj Kumar Singh Jain - 1932 Supreme(All) 128

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1932 Supreme(All) 128

NIAMATULLAH
Mt. Sohni – Appellant
Versus
Raj Kumar Singh Jain – Respondent

JUDGMENT

Niamatullah, J. - This is an appeal by one of the defendants in a suit for partition of two houses in the city of Benares. They were purchased in the names of Mt. Chunia and Mt. Sohni, the wives of Parshotam and Harkishen respectively. It is immaterial to determine whether the houses really belonged to the husbands or the wives as all the four were impleaded as defendants and set up a common defence. The plaintiff-respondent purchased the half-share standing in the name of Mt. Chunia in execution of a simple money decree against her, and subsequently instituted the suit for partition which has given rise to this appeal. The defence was founded on Section 4, Partition Act. It was pleaded that the two houses which adjoin each other are dwelling houses belonging to the undivided family consisting of Parshotam Das and Harkishun and their wives, and that the plaintiff respondent is entitled to no more than the value of the half-share which the defendants undertake to purchase. Both the Courts below have overruled the defence and decreed the plaintiff's claim for actual partition. Mt. Sohni has preferred the present second appeal impleading the plaintiff and her co-defendants as

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