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TMI Blog1923 (1) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... ersed. The nature of the points involved will be best understood after a statement of the relevant facts. 2. Lal Mohan Pal, who died on the 23rd February 1891, originally carried on business with one Paju Lal in the sale of yarns and cloths. This business ended in 1882 and there from Lal Mohan Pal started a similar business, the Head Office being at Dacca, with branch places of business at Calcutta and elsewhere. He was, in this business, assisted by his three sons, Madan Mohan Pal, Jaga Mohan Pal and Radha Gobinda Pal. After the death of Lal Mohan Pal, this business was carried on by the three sons jointly as a joint family business, and Madan Mohan Pal asserted that the original capital of the business was largely composed of monies, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the investment of ₹ 2,500 for charitable purposes. He died in 1902 and Probate of the Will was granted to the executor. A dispute subsequently arose between Jaga Mohan Pal, the executor, and Madan Mohan Pal, the eldest son of 1/dl Mohan Pal. This dispute was due to the assertion by Madan Mohan Pal that he had originally contributed to the business ₹ 16,942 in his father's lifetime, and this he claimed as his share in the original joint capital of the business. This was finally settled by the defendant abandoning his claim, and both he and Jaga Mohan gave up their intention of opening separate businesses and the joint business was continued. 3. Following upon this, Madan Mohan Pal gave his third son, Jadu Nath Pal, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ha Mohan. It is important to remember that the parties are governed by the Dayabaga Law by virtue of which it was possible for the deceased brother to make a valid bequest of his share, but except to the extent to which that Will affected the joint family it remained joint, with the result that, apart from the business, the immovables and all the property not actually included in the gift to Jaga Mohan Pal was joint family property. The business was, of course, under the control of the two elder brothers, and it appears that from the date of the death of the third brother no alteration whatever was made in the way in which the accounts were kept. The payments in respect of obtaining the Probate of the Will, which though not great in extent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arate interests. 7. In a case before this Board, Sura Narain v. Ratan Lal 40 Ind. Cas. 988 : 40 A. 159 : 44 I.A. 201 : 21 C.W.N. 1065 : 15 A.L.J. 684 : 19 Bom. L.R. 737 : 22 M.L.T. 121 : 26 C.L.J. 267 : 6 L.W. 509 : (1917) M.W.N. 477 : 4 C.L.J. 762 : 20 Q.C. 211 : 2 P.L.W. 160 : 33 M.L.J. 180 (P.C.) it was pointed out that the effect in such transactions was to cause the whole property to become joint and the only real Distinction that can be drawn between that case and the present is that there separate estate was brought into a joint family account instead of as in this case the joint family property being brought into the separate accounts. Their Lordships are unable to see that this distinction: is sufficient to defect the appellant& ..... X X X X Extracts X X X X X X X X Extracts X X X X
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