Hindu Succession Act, 1956–Sec. 15–Suit for partition–Dismissed by first appellate Court–B & M were holding the equal share in property–After death of M, his wife D became the owner of property by way of succession–After her death, B became the sole owner of property as he was the only near relative of D–Evidence of witnesses that B kept the property in common hotchpotch of joint family is found incorrect–Admitted case of parties that they were living separately and B was living with respondent No. 2–Joint Family did not continue to be existed–Property was not belonging to Joint Hindu family–It was the personal property of B and partition could not have been claimed by his sons during his life time–Suit was rightly dismissed.


