Judgment

SUBBA RAO, J.: This appeal by certificate is directed against the decree and judgment of the High Court at Nagpur reversing those of the First Additional District Judge, Nagpur, in Civil Suit No. 12-A of 1940. It would be convenient at the outset to give the following genealogy which would help to understand the contentions of the parties.

During the lifetime of Ramasahai, he and his eight sons and one cousin, namely, Sitaram, constituted a joint Hindu family with Ramasahai as its manager. The joint family carried on its ancestral family business of excise contracts in several districts in the former C. P. and Berar Provinces. On 24-1-1897, Ramasahai died and, at the time of his death, the family, though heavily indebted, had extensive properties distributed at various places like Nagpur, Kamptee, Rajnandgaon, Raipur, Jabalpur etc. Sarjooprasad died in 1903, Ajodhyaprasad in 1912, Mangalprasad in 1914, Jankiprasad in 1923, Ratanlal in 1926,Ganeshprasad in 1928, Govindprasad in 1934, and Ramchand in 1940. On 27-2-1915, Ganeshprasad, Jankiprasad, Govindprasad, Ratanlal and Ramchand, the surviving brothers executed a registered deed of relinquishment in favour of Jankiprasad. I