P.B.GAJENDRAGADKAR, A.K.SARKAR, T.L.VENKATARAMA AYYAR
Kakumanu Pedasubhayya – Appellant
Versus
Kakumanu Akkamma – Respondent
Judgement
T. L. VENKATARAMA AIYAR, J. : This appeal arises out of a suit for partition of joint family properties instituted on 2-4-1942 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 maternal grandfather, Rangayya, as his next friend. The first defendant is his father. The second and third defendants are the sons of the first defendant by his deceased first wife. The fourth defendant is the second wife of the first defendant and the mother of the plaintiff. The fifth defendant is the daughter of the first defendant by the fourth defendant.
2. 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. Both the District Munsif and the Subordinate Judge on appeal, held that this had not been established, and no further notice need be taken of it. (2) It was then said that there had been a sale of the family properties to one Akkul Venkatasubba Reddi for Rs. 2,300, that there was no necessity for that sale, and that its object was only to injure the
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