Case: Prakash Chand Sharma and Others Vs. Narendra Nath Sharma

if Babu Ram. The amount of loans covered by these two bonds were very small compared to the advance of loan by Bhagwati Prasad. This clearly establishes that the parties had separate dealings not because they were members of the joint family but in all probability as separated members. Ext. A-29 is a copy of the plaint instituted on February 28, 1923 by Narendra Nath who was then a minor under the guardianship of Babu Lal in respect of realization of certain mortgage dues - a mortgage which had been excited in favour of Bhagwati Prasad alone. Had this property been a joint family property as was the case of the plaintiffs the suit would gave been instituted not on behalf of Narendra Nath. Ext. A-3 is the copy of an order dated January 21, 1935 showing that Narendra Nath under the guardianship of his mother had filed certain objection for release of certain property and the objection was allowed. Similarly Ext. A-31 is a bond dated April 16, 1935 executed by Ram Saran and his sons.6. A very important document on record is Ext. A-26, copy of the statement of Ram Saran made on May 11, 1951 only 10 days after the institution of the suit in some proceedings in the court of Tehsildar of Anupshahr. Ram Said in his deposition : "My family and that of Narendra has not been joint since 1921". This was a very damaging admission on behalf of the plaintiffs. Ram Saran did not examine himself in the suit to explain this admission. The reason for his non-examination was not accepted by the High Court. The said admission clearly showed that at least since 1921 the parties were separate, yet the suit for partition of the properties by metes and bounds was not instituted after about three decades. No such case was made out in the plaint that the parties were separate from 1921. The plaint was drafted in a suppressive manner to claim partition as if the parties were joint till the institution of the suit. Nor was it disclosed in the plaint as to who became the karta of the allegedly joint family after the death of Bhagwati Prasad.7. Exts. A-818 and A-819 are copies of registers of assessments of tax of the notified area of Anupshahr, the parties ancestral place of residence. Separate assessments were made in the names of Bhagwati Prasad and Ram Saran. The house property of Ram Saran compared to that of Bhagwati Prasad was very small. All the documents relied upon on behalf of the defendant clearly supported his case of separation and partition long long ago.8. As against the numerous documents relied upon on behalf of the defendant the plaintiffs field and relied upon documents which did not prove or probabilise their case at all. We may briefly refer to some of the documents to which our attention was drawn by the learned Counsel for the appellants. Ext. 2 is a copy of the decree dated May 12, 1904 in favour of Bhagwati Prasad, Ram Saran and Babu Ram in respect of a right of easement. Ext. R is a copy of the sale deed dated July 16, 1895 in favour of Raman Lal. Comparing the boundaries given in Ext. 2 with those in Ext. R, it was found that the decree was in respect of this ancestral house. It did not, therefore, advance the case of plaintiffs at all. Ext. 7 is a copy of the judgment dated March 28, 1935 in a certain suit in favour of one Ganga Ram against Babu Lal and others. Learn Counsel for the appellants tried to show from the judgment under issue No. 6 that the plea of separation setup by Bhagwatis son was not accepted by the trial Court. But on appeal the judgment was reversed and the suit was dismissed. A copy of the appellant judgment is Ext. 3. Instead of improving the case of separation. Ext. 8 is a copy of judgment in another suit filled by Mr. Ganga Ram against Babu Lal and others. This is dated May 8, 1936. The suit was decreed by the trial Court rejecting the plea of separation set up by Narendra. But it was dismissed by the High Court as admitted by Babu Lal in his evidence. Exts. 45 to 50, Ext. 57, Ext. 60 are letters written inter se between the three brothers during the lifetime of Bhagwati Prasad - mostly between 1910 to 1920. The contents of these letters do show that in the kiln business all the three brothers were taking interest. Instructions were being given by Bhagwati Prasad to his brothers in connection with the management of the business. On carefully going through these letters, we found that the other two brothers may have some sort of interest in the kiln business carried on by Bhagwati Prasad. That interest could be because they were erstwhile members of the family or because they were taken as working partners servants. There was no statement in any of the letters to indicate that the business was that of a joint family of the three brothers of that Bhagwati Prasad was joint with his brothers. In agreement with the High Court we hold that the said letters do not lend any appreciable support to the case of the plaintiffs. Similarly there are some letters Ext. 64, 65 and A-9 either written by third person whom some of the brothers or by Bhagwati Prasad. They stand on the same footing as their other letters. Lastly our attention was drawn to a copy of a statement of accounts of income and expenses of the family from the year 1922 to 1928. Such a sheet of paper containing the accounts of six years neither inspired any confidence nor on its face after examining the accounts we found anything in support of the plaintiffs case.9. We therefore come to the conclusion that the High Court was right in dismissing the plaintiffs suit.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]3. We have heard learned for the parties who took us through the relevant documents in the case. The documentary evidence clearly establishes the case of the defendant and negatives that of the plaintiffs. We fully agree with the conclusion arrived at by the High Court on the basis of the said documents. The documents relied upon by the plaintiffs did not prove their case at all. It is not necessary for us to repeat all that has been said by the High court in its judgment.As against the numerous documents relied upon on behalf of the defendant the plaintiffs field and relied upon documents which did not prove or probabilise their case at all. We may briefly refer to some of the documents to which our attention was drawn by the learned Counsel for the appellants. Ext. 2 is a copy of the decree dated May 12, 1904 in favour of Bhagwati Prasad, Ram Saran and Babu Ram in respect of a right of easement. Ext. R is a copy of the sale deed dated July 16, 1895 in favour of Raman Lal. Comparing the boundaries given in Ext. 2 with those in Ext. R, it was found that the decree was in respect of this ancestral house. It did not, therefore, advance the case of plaintiffs at all. Ext. 7 is a copy of the judgment dated March 28, 1935 in a certain suit in favour of one Ganga Ram against Babu Lal and others. Learn Counsel for the appellants tried to show from the judgment under issue No. 6 that the plea of separation setup by Bhagwatis son was not accepted by the trial Court. But on appeal the judgment was reversed and the suit was dismissed. A copy of the appellant judgment is Ext. 3. Instead of improving the case of separation. Ext. 8 is a copy of judgment in another suit filled by Mr. Ganga Ram against Babu Lal and others. This is dated May 8, 1936. The suit was decreed by the trial Court rejecting the plea of separation set up by Narendra. But it was dismissed by the High Court as admitted by Babu Lal in his evidence. Exts. 45 to 50, Ext. 57, Ext. 60 are letters written inter se between the three brothers during the lifetime of Bhagwati Prasadmostly between 1910 to 1920. The contents of these letters do show that in the kiln business all the three brothers were taking interest. Instructions were being given by Bhagwati Prasad to his brothers in connection with the management of the business. On carefully going through these letters, we found that the other two brothers may have some sort of interest in the kiln business carried on by Bhagwati Prasad. That interest could be because they were erstwhile members of the family or because they were taken as working partners servants. There was no statement in any of the letters to indicate that the business was that of a joint family of the three brothers of that Bhagwati Prasad was joint with his brothers. In agreement with the High Court we hold that the said letters do not lend any appreciable support to the case of the plaintiffs. Similarly there are some letters Ext. 64, 65 andeither written by third person whom some of the brothers or by Bhagwati Prasad. They stand on the same footing as their other letters. Lastly our attention was drawn to a copy of a statement of accounts of income and expenses of the family from the year 1922 to 1928. Such a sheet of paper containing the accounts of six years neither inspired any confidence nor on its face after examining the accounts we found anything in support of the plaintiffs case.9. We therefore come to the conclusion that the High Court was right in dismissing the plaintiffs suit.