Laxmi Kanta Mohapatra, CJ.

1. This appeal has been filed by the defendant No. 1 in Original (Partition) Suit No. 6/2001/34/2002. The suit was decreed by the learned Addl. District & Sessions Judge (FTC), Manipur East vide judgment and decree dated 29.1.2005.

2. The respondent No. 1 had filed the suit for partition. The case of the plaintiff-respondent No. 1 is that the plaintiff and defendants 1, 2 and 3 are members of a joint hindu family and are in possession of undivided properties described in 3(three) schedules attached to the plaint which they got from common ancestor late Nourem Ibomcha Singh who died intestate on 22.2.1998. It is the case of the plaintiff-respondent No. 1 that common ancestor late Nourem Ibomcha Singh was paying income tax from the assessment year 1961-62 from out of the income earned from the property described in Schedule 'A' and 'B' of the plaint. After his death the defendant No. 1-appellant has become coparcener of the family and paying income tax in the name of their deceased father. The dispute arose regarding the management of the suit properties, distribution of monthly income from the tenants of the Thangal Bazar and Paona Bazar shop buildin