CHINNAMMA Vs. GOPAL

JUDGEMENT

(1.) PLAINTIFFS are the appellants in this second appeal. They filed a suit for partition as well as for recovery of maintenance. PLAINTIFFS are mother and son. The son being a minor, he is represented in the suit by his mother as his next friend. First defendant (first respondent herein) is the father of the minor.

(2.) THE point for consideration is limited to the question whether the minor son is entitled to partition.

(3.) THE Courts below have also held that the minor plaintiff is entitled to one-fourth share in the properties and it was also found by the Courts below that all the properties are joint family properties. THE dismissal of the suit was only on the ground that mother, not being a natural guardian, is not entitled to file a suit for partition on behalf of the minor son, especially when the father was the manager and guardian of the minor.