LALITAREDDI CHINNA VENKATA REDDI Vs. LAKKUEDDI LAKSHMAMA

JUDGEMENT

(1.) THE following Judgment of the court delivered by

(2.) THIS appeal with certificate granted by the High court of Andhra Pradesh is against the decree in appeal No. 64 of 1951 modifying the decree in Suit No. 111 of 1949 of the file of the Subordinate judge, Guddapah.

(3.) THE contentions raised in the written statement filed by defendants 2, 3 and 4 clearly disclose that the continuance of the joint family status would be prejudicial to the interest of the minor Pulla Reddy. THEy denied that certain items of property which were found by the court to be joint family property were of that character : they sought to set up title of their sister Chinnamma to certain other property, and pleaded that the property devised under the will of Venkata Konda Reddy had ceased to be the separate property of the devisees. THE evidence on the record establishes that the contesting defendants made it difficult for Pulla Reddy and his mother Lakshmama to live in the joint family house. THE deed dated 12/08/1948 which included. some and not all the joint family property for the purpose of partition, appeared also to be an attempt to create evidence that the property set out in the deed was the only estate of the joint family. It is true that normally the family estate is better managed in union than in division, nevertheless the interest of the minor is the prime consideration in adjudging whether the estate should be divided at the instance of a minor suitor. If the conduct of the adult coparceners, or the claim made by them is prejudicial to the interest of the, minor the court will readily presume that it is for his benefit to divide the estate. THE conclusion recorded by the Trial court and the High court that partition would be for the benefit of the minor was amply supported by evidence. In the circumstances it is unnecessary to express any opinion on the question whether Lakshmama was entitled in her own right to file a suit for a share in the property of the joint family, and for the share of her husband Butchi Tirupati in the estate devised under the will of Venkata Konda Reddy and prosecute it after the death of her son Pulla Reddy.