BHURTHU vs BHUSHAN PRASAD - 1952 Supreme(Nagpur) 41

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1952 Supreme(Nagpur) 41

HIDAYATULLAH, CHOUDHURI
BHURTHU – Appellant
Versus
BHUSHAN PRASAD – Respondent

Advocates Appeared:
M Adhikari, P N Rudra, Advocates

JUDGMENT

1. This appeal is filed by the defendants in a partition suit. The following genealogy shows the relationship of the parties.

2. The only point in dispute now is whether the priesthood business which belonged to the family is capable of partition. The pleadings on this point are to be found in paras 4 and 3 of the plaint and the written statement respectively. In para 4 of the plaint, it is stated that the family of the parties, besides being cultivators, has a family business of priesthood yielding considerable income since the time of its ancestor and has monopoly of priesthood in several villages. The list of such villages is given in list B appended to the schedule.

3. The defendants stated in regard to this claim as follows: That the family members have been doing priests' works on invitations only and not on regular services of priesthood.

4. The lower Court in partitioning the family property observed that the priesthood in the 13 villages would be divided into three shares 1/3rd going to the plaintiff. It is now contended that the priesthood which has been sought to be divided in this case, is not a hereditary priesthood of the family which could be regarded as propert

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