Aher Hamir Duda vs Aher Duda Arjan And Ors. on 7 February, 1977
In the
alternative, it was pleaded that, as per the decision of
the Division Bench, a son is not entitled to ask for
partition in the life time of his father without his
consent, when the father is not separated from his father
or brothers and nephews and as the facts do not indicate
that father of the original plaintiff was joint with his
father or his brothers or his nephews, the principle laid
down by the Division Bench would not be applicable to the
facts of the present case and therefore, the appeal
should be dismissed.