TMI Blog1963 (3) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal : Butchi Tirupati was one of the six sons of Bala Konda. Pulla Reddi and Lakshmama-son and widow respectively of Butchi Tirupati-instituted Suit No. 111 of 1949 in the Court of the Subordinate judge, Cuddapah for partition and separate possession of their share in the property of the joint family to which they belonged and a fourth share in certain property devised under the will executed by Venkata Konda Reddy, on July 1, 1910. Pulla Reddy was at the date of the suit a minor and his mother Lakshmama acted as his next friend. Pulla Reddy died during the pendency of the suit and Lakshmama was shown in the record as his legal representative for the suit. The Trial Court held that the property devised under the will of Venka ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with their joint family estate, been impressed with the character of joint family property. We will set out such facts as have a bearing on these questions. It is common ground that at the date of his death in 1947 Butchi Tirupati was a member of a Hindu coparcenary consisting of himself, his five brothers and Pulla Reddy. After the death of Butchi Tirupati, defendants 1, 2, 3 and 4 purported to partition the estate in their possession, and executed a deed of partition (Ext. A-3) on August 12, 1948, in which the minor Pulla Reddy was represented by the fourth defendant. By this deed certain properties were allotted to the share of the first defendant Pedda Venkata, but the deed was silent about the dissolution of the joint family qua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed with the joint family estate and had been treated as of the joint family and on that footing were included in the partition deed dated August 12, 1948, and that certain lands-items Nos. 6, 7 and 8 in the schedule annexed to the plaint-had been given to Chinnamma sister of the contesting defendants for her maintenance and were not liable to be partitioned. The Trial Court held that partition of the property of the joint family was for the benefit of the minor Pulla Reddy and the High Court affirmed that view. 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 cer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Action by a minor for a decree for partition and separate possession of his share in the family property is not founded on a cause of action personal to him. The right claimed is in property,, and devolves on his death even during minority upon his legal representative. The' Court, it is true, will direct. partition only if partition is in the interest of the minor but that limitation arises not because of any peculiarity in the estate of the minor but is imposed for the protection of his interest. The effect of the decision of the Court granting a: decree for partition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to have received on partition between him and his brothers. Bala Konda instituted on July 2, 1910 suit No. 466 of 1910 in the Court of the District Munsif, Proddatur for division of properties which he claimed were jointly enjoyed by him and his two uncles Venkata Konda Reddy and Chinna Tirupelu Reddy. Under a decree dated June 26, 1911 passed in the suit with the consent of parties the property in suit was divided into five shares one of which was allotted to Bala Konda and the rest was taken in two equal moieties by his two uncles. Venkata Konda Reddy died in 1915 and the property which fell to his share by the compromise decree devolved by virtue of the disposition under his will on the four sons of Bala Konda. It is contended by defend ..... X X X X Extracts X X X X X X X X Extracts X X X X
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