TMI Blog1944 (2) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... a Reddi and Subba Reddi. Chenchuraghava Reddi died in 1917 leaving three sons, the plaintiff (his son by the first wife), Subba Reddi (his elder son by the second wife), and defendant 1. Because the wife of D. w. 1, the wife of Subba Reddi, and defendant 3 (the surviving wife of Chenchuraghava Reddi) could not get on together, it became necessary to divide the property so that these ladies should ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... because he was the grandfather of these three children and because it was a family settlement necessitated by quarrels among the women of the family. 2. That a father can effect a partition of family property so as to effect a division in status between his minor sons is not disputed. One of the questions for decision here is whether a grandfather can do the same amongst his grandsons. Mayne an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... children. While I am perhaps not strictly bound to follow that decision in this case, I feel that I should do so in the absence of any authority to the contrary. 3. On the facts of this case the partition may be regarded in a somewhat different light. It does not appear that D. W. l took the matter entirely into his own hands and divided the property without any representation by the parties c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t effect a severance in status unless the Court subsequently found that a partition would be for the benefit of the minor, he said that where there is a suit for partition on behalf of a minor, the Court stands in the position of a guardian and is bound to exercise its discretion for the benefit of the minor. But if the guardian of a minor comes to Court and says that she has already declared a se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out partitioning the property, they are helpless to bring about a partition in the interests of the minors without recourse to the Court. In the case now under consideration, there were three women in the house who found it impossible to live together; and so it was clearly in the interests of the minors that they should become divided and live separately. 4. I therefore think that the lower Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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