1815 of 1949, arising out of the judgment and decree dated January 28, 1949, of the Court of Subordinate Judge, Bapatla, in A. S. No.
In addition to these allegations, it was also stated in the plaint that the family was in good circumstances, and that there were numberdebts owing by it.
C. Setalvad, Attorney General for India and R.Ganapathy Aiyar, for the appellants.
In the plaint, three grounds were put forward as to why the minor plaintiff should have partition 1 It was said that the mother of the plaintiff was ill treated, and there was neglect to maintain her and her children.
1250 Appeal by special leave from the judgment and decree dated April 10, 1953, of the Madras High Court in Second Appeal No.
On June 20, 1942, the defendants filed their written statements, wherein they claimed that the purchase of items 2 and 11 had been made with the separate funds of the second and third defendants, and that the joint family had numbertitle to them.
The Judgment of the Court was delivered by VENKATARAMA AIYAR J. This appeal arises out of a suit for partition of joint family properties instituted on April 2, 1942, in the Court of the District Munsif, Ongole, on behalf of one Kakumanu Ramanna, a minor of the age of about 2 1/2 years by his material grandfather, Rangayya, as his next friend.
2,600.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The second and third defendants are the sons of the first defendant by his deceased first wife.
The suit was in the first instance decreed, but on appeal, the Subordinate Judge remanded the case for trial on certain issues.
Sometime in January 1943, the minor plaintiff died, and his mother who was the fourth defendant was recorded as his legal representative, and transposed as the second plaintiff.
The present appeal has been brought against it on leave granted by this Court under Art.
326 of 1955.
V. Viswanatha Sastri, M. R. Rangaswami Aiyangar, T. S. Venkataraman and K. R. Choudhury, for the respondents.
The first defendant is his father.
September 4.
139 of 1946.
188 of 1947, against the judgment and decree dated December 23, 1946, of the District Munsif, Ongole, in O. S. No.
