DIPA GANGULY Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS Suit has been filed by a minor through his next friend, his mother, against his legal guardian his father and other members of the HUF to which he belongs for partition of the HUF properties by metes and bounds and by delivery of the Plaintiff's share to him.

(2.) THE existence of the HUF, the coparceners of the HUF as well as the minor's position in the HUF as a co-parcener are admitted. In fact the Court's attention is drawn to the other minor co-parceners in the HUF, other than the co-parceners shown in the Plaint. They are the two daughters of Defendant No. 4. The HUF, therefore, consists of the Plaintiff, his grand-father, Defendant No. 2, his father, defendant No. 3, his uncle, Defendant No. 4 and his cousins who are not Defendants in the Suit, they, having been born in 1993 and 1996 and being yet unmarried, are female co-parceners in the HUF.

(3.) DEFENDANT No. 2 acquired various properties and established the HUF. The properties are shown and assessed as HUF properties.