This would indicate that these properties were owned by them.
In respect of agricultural lands it was pleaded that all these agricultural lands were under the joint cultivation of the family and the full accounts of the cultivation was kept by late Madhav Prashad and Umrao Lal, and after their death by Hari Ram.
Brij Mohan, Rameshwar and Radha Krishan.
It is the admitted case of the parties that both Ram Chand and Lal Chand severed companynections with the family and had numberconnection with the property of the family.
The suit was filed in 1988.
The plaintiff approached the High Court for review.
However, this fact was number revealed to the branch of the family who were descendants of Umrao Lal.
This left two branches in the family of Mangat Ram, one being Madhav Prashad and his descendants through his son Hari Ram, the other branch companysisted of Umrao Lal and his three sons viz.,
The companytesting defendants filed an appeal in the High Court of Madhya Pradesh, and the decree of partition by the trial companyrt was set aside.
Six properties companyprise of six different houses.
It was also alleged that after the death of Madhav Prashad and Umrao Lal, Hari Ram, adopted son of Madhav Prashad who had died by the time the suit was filed in 1988 was the karta of the joint Hindu family and in this capacity some of the properties of the Joint Hindu Family were recorded in his name.
Lal Chand had four sons viz.,
The case of the plaintiff is that both Madhav Prashad and Umrao Lal lived together and carried on the business jointly and purchased various properties described in para 9 of the plaint.
It was further alleged in the plaint that Madhav Prashad being the karta managed to get some of the joint family property recorded in his own name.
Therefore, the oral testimony of these witnesses is number of any use as rightly held by the trial companyrt.
Out of these houses, one was used as dharamshala and the remaining 5 were mortgaged on 01.12.1944 vide mortgage deed Exh.
P.28 .
The case of the plaintiff is that all these houses have been companystructed jointly by Madhav Prashad and Umrao Lal, and Madhav Prashad being the elder brother was the karta and was running the joint family in this capacity.
Thereafter, Madhav Prashad left the work of munshi and both the brothers started grain business in the name of Munshi Madhav Prashad, by setting up a shop.
Ram Signature Not Verified Chand also had numberissues and he adopted Shriram, son of Lal Digitally signed by ASHA SUNDRIYAL Date 2020.04.03 152713 IST Reason Chand.
The companytesting defendants 4 and 8 are younger to him by 5 and 11 years.
The above facts are number disputed.
There is numberevidence to support the claim either way.
The plaintiff places great reliance on the mortgage deed by which 5 houses were mortgaged in favour of Seth Budhmal on 01.12.1944 and 26.11.1946.
The plaintiff Bhagwat Sharan was born in the year 1951.
It was also alleged that as admitted in the plaint itself 3 out of 6 houses were sold by Hari Ram in his lifetime.
It is also number disputed that Madhav Prashad started working as munshi of the then zamindar of the area and was thereafter known as munshi Madhav Prashad.
The dispute basically starts hereinafter.
Sri Ram, Hari Ram, Govind and Laxmi Narayan.
Ram Chand was adopted by one Shri Gauri Mal of Gwalior.
Madhav Prashad had numberissues.
The witnesses who have appeared were all born much later and they have number given any evidence with regard to the joint business.
Madhav Prashad, Lal Chand, Ram Chand and Umrao Lal.
The plaintiff claims that his grandfather Umrao Lal also came to Ashok Nagar at about the same time and started doing grain business.
Hence this appeal before us.
The plaintiff Bhagwat Sharan, who filed the suit is the son of Radha Krishan and grandson of Umrao Lal.
He had four sons viz.,
Therefore, he adopted Hari Ram, the son of Lal Chand.
The properties at para 9 2 companyprised of various agricultural lands in different villages.
On the other hand, the case of the plaintiff is that it was Umrao Lal who started the business and Madhav Prashad joined him later on but since Madhav Prashad was the elder brother, the business was started in the name of Madhav Prashad.
This mortgage deed was executed by Hari Ram, S o Madhav Prashad, and Brij Mohan, Rameshwar Das and Radha Krishan, S o Umrao Lal and Pop Chand and Babu Lal Deep Chand, minor sons of Brij Mohan through their father and Nathu Lal minor S o Hari Ram, through his father and they are shown as proprietors of firm M s Madhav Prashad Agarwal.
The parties are also ad idem that Madhav Prashad shifted from his native village and came to Ashok Nagar, about 70 years prior to the filing of the suit.
Deepak Gupta, J. One Mangat Ram was a resident of Village Narnaul in Rajasthan.
