Skip to content


Chiranji Lal and ors. Vs. Prabhu Lal and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Second Appeal No. 40 of 1965
Judge
Reported in1974WLN(UC)218
AppellantChiranji Lal and ors.
RespondentPrabhu Lal and ors.
DispositionAppeal allowed
Excerpt:
'birad jajmani' - proper partition in division by books.;a better and proper mode of division in the present case would be by the division of books and not by allotting the clients to one party or the other. it would be convenient for the parties to follow their clients contained in a particular book. however, if the clients whose names are contained in one book are allotted to different parties, it would result in disintegration of the book itself. the sanctity of the profession of the parties in maintaining the record of the births and deaths of their clients lies in preparation of the book. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] ..........defining their shares has already been passed and the dispute now is only regarding the actual division of books. the trial court appointed a commissioner in this connection who suggested partition of the 'birad jajmani' by allotting categories of clients to the respective parties the defendants filed objections that there should have been division of books rather than allotment of clients to one party or the other this objection was, however, disallowed and on appeal by the defendants the learned senior civil judge no. 2, jaipur city also concurred in the view taken by the trial court. hence this appeal.3. having heard learned counsel for the parties, i have come to the conclusion that a better and proper mode of division in the present case would be by the division of books and not.....
Judgment:

C.M. Lodha, J.

1. This is a defendants' second appeal arising out of a suit for partition of 'Birad Jajmani'.

2. The parties are 'Braham Bhats' and their profession is to keep a record of the pedegrees of their clients by visiting them off and on They receive presents at the time of making entries. They are descendants of the same ancestor. A preliminary decree for partition of the books defining their shares has already been passed and the dispute now is only regarding the actual division of books. The trial court appointed a commissioner in this connection who suggested partition of the 'Birad Jajmani' by allotting categories of clients to the respective parties The defendants filed objections that there should have been division of books rather than allotment of clients to one party or the other This objection was, however, disallowed and on appeal by the defendants the learned Senior Civil Judge No. 2, Jaipur City also concurred in the view taken by the trial court. Hence this appeal.

3. Having heard learned Counsel for the parties, I have come to the conclusion that a better and proper mode of division in the present case would be by the division of books and not by allotting the clients to one party or the other. It would be convenient for the parties to follow their clients contained in a particular book. However, if the clients whose names are contained in one book are allotted to different parties. It would result in disintegration of the book itself. The sanctity of the profession of the parties in maintaining the births and deaths of their clients lies in preparation of the book. In this view of the matter, the mode of partition adopted by the courts below in allotting the clients either by locality or family to one party or the other is not feasible, and proper.

4. Accordingly, I allow this appeal in part, set aside, the division of the 'Birad Jajmani' by allotting the clients to one party or the other, and direct that the partition be carried out by division of books. In the circumstances of the case there will be no order as to costs. Let the file of the case be sent to the trial court for carrying out partition in accordance with the directions contained in this judgment.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //