TMI Blog1942 (7) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... intiff gives the tenanted lands. Excepting lots 18 and 19 there is no dispute that the lands of this schedule are joint between the parties; and there is no dispute in the present suit that in lot 7 their joint interest is six annas, that lot 87 is owned by them in 16 annas, and, that in the rest their joint interest is nine annaa. The Court of first instance found that the lots 18 and 19 no longer belong to the parties. This finding is no longer disputed. The plaintiff's case is that he has half share in these joint properties, namely, three annas share in lot 7, eight annas in lot 37 and four annas 10 gandas in the rest. His claim for account is founded on the case that on Lalit's death Krishna Lal managed the property till his de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and account of the joint properties excepting properties 18, 19 and funds. The defendant was made liable to render accounts for the period from 1388 to 1343. The extent of the decree will appear from the decree itself of the learned Munsif. In giving this decree the learned Munsif found : (1)(a) that there was a family arrangement on the basis of Lalit's will: (b) that ibis family arrangement had been acted upon all along by the plaintiff, the defendant and the defendant's father; (c) that the plaintiff had all along been aware of the state of things; (2)(a) that the plaintiff and the defendant still constitute a joint Hindu family; (b) that the plaintiff lived in separate mess from 1304 B.S.; (c) that the defendant managed the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rst Court with this modification that the defendant should exhibit the accounts for the entire period from 1819 to 1848 during which he had been found to manage the joint properties. Mr. Choudhuri appearing in support of the appeal contends : (1) that the family arrangement being a matter of agreement between the parties, and the relations subsisting between the parties at the alleged date of the arrangement being such that Krishna Lal was in a position to dominate the will of the plaintiff, the arrangement should have been held to be induced 1 by undue influence; (2) that in view of the relationship between the parties and in view of the admitted fact that the plaintiff has been in separate mess since 1804 B. Section the presumption of joi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , specially in view of the fact that the transaction by which the young man was giving up his claim to half share in the inheritance in lieu of only one-third share in it, was prima facie unconscionable. Mr. Choudhuri further contends that in the absence of any finding that there was any antecedent dispute in the family, the agreement was without consideration, and consequently the agreement and the resultant arrangement were void. According to Mr. Choudhuri, therefore, invalidity attaches to the agreement both because of the method of its procurement, and because of its being void of substance. 6. As regards the invalidity attaching to the arrangement because of the method of its procurement, suffice it would to say that even assuming t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s one of jointness during the period in question. Besides, the presumption in question is really not any special rule of Hindu law. It arises from the normal course of conduct of the Hindus in this respect. No doubt joint living is gradually gaining disfavour. The law which governs life must be brought into and kept in touch with life. But, I believe, experience in this field has not yet been sufficient for the purpose of formulation of the resultant tendency. Till then the presumption shall hold good. The law regarding the karta's liability to account to the coparceners must be taken to have been settled by a Full Bench of this Court in 13 W.R.F.B. 75 : 13 W.R.F.B. 75 : 5 Beng. L.R. 347 (F.B.) Abhaychandra Roy v. Pyari Mohan Guho. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the surplus, if any. Consequently, so long as the family remains joint, the assets found out on accounting must be in the custody of the karta. Without partition or, without removal of the karta from his position as such karta, this custody of the assets cannot be sought to be disturbed. So long as the family remains joint, and so long as there is a karta of that family, no other coparcener will have, as against such karta, the right to the custody of the surplus or of any part of it. In my opinion, therefore, there has been no error in the decision of the Court of appeal below. The appeal accordingly fails and is dismissed with costs. The respondent has taken a cross objection to the decree of the Court of appeal below in so far as it ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
