পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৫৫১

VYAVASTHADARPANA. 429 . . " ... Gurucharan Lás and others versus Gokulmani Dásí. In this case, it was held that the sole manager of the joint stock of a joint Hindu famfly, - supposing that joint stock to be augmented by his sole exertions, is not entitled to a double share '. cfhe amount of the augmentation for his trouble. The acquisition of a distinct property by a , member of a joint Hindu family without the aid of the joint funds or of joint labours gives a separate right, and creates a separate estate. The acquisition of a distinct property with the aid of joint funds and joint labours gives the acquirer a double share thereof. The union with the joint fund of that which might otherwise have been held in severalty, gives it the charracter of a joint and not a separate property. S. C. Fulton's Reports, vol. I. pp. 165,166. - - * BY WHOM PARTITION CAN BE ENFORCED. 126 Partition is to take place not only when all the parceners choose, but even at the instance of any one” of them. مهم Since any one parcener is proprietor of his own wealth, partition at the choice even of a single person is thense deducible; and concurrence of heirs, suggested as one case of partition, is recited explanatorily in the text:—“After the (natural or civil death of the) father and mother, the brethren, being assembled, &c.” Else, since assemblage implies many, there could be no distribution between the two: for no passage of law expressly propounds a division between two co-heirs. Coleb. Dá. bhá. p. 16. - 127. The mother or grandmother however cannot enforce a partition. ‘But her right to a share will accrue on a division being made by the agency of her sons or • This is illustrated by Sir Francis Macnaghten as follows:– ... I. Any one of the parties possessing or inheriting a joint estate, may enforce a partition of it. One of five brothers, for instance, may, compel the other four to give him a separate share, or the sons of , a brothor, may compel their uncles to give them a separate share, or the widow Óf a brother may compel the brothers of her o to give her a separate share. Cons. H. L. p. 45. 爱 * - II. If out of ten brothers of an undivided family, one shall flie, leaving three, or more childless | widows or any number of widows having daughters only, and shall not leave a son, the widows will of dburse succeed to their husbändå"estates; any one of these may then, against the will of her co-widows, separate herself from the nine surviving brothers of her'deceased husband. Ibid. p. 46. * .* III: Partition maybe enforced as well of the immovable as of the movable property, whether it be ancestral or jointly acquired. Ibid. p. 48. . . . . - Case bearing on the Vyavasthás Nos. ' 121 & 123. Vyavastha” Reason & Authority Vyavastha*