Mr. M.R. Jayakar.-

This is an appeal from a judgment and decree dated 24 - 1 - 1944, of the High Court of Madras, which reversed the judgment and decree dated 17 - 12 - 1941, of the Court of the Subordinate Judge at Rajahmundry.

2. This appeal arises out of a suit brought by respondent 1 for partition of the plaint properties and for the recovery of a share therein, after setting aside certain alienations made in respect of them by his father, respondent 2. The Subordinate Judge dismissed the suit, holding the alienations to be binding on respondent 1. The High Court reversed his decision. The main question in this appeal is therefore whether or not the alienations in question are valid and binding on respondent 1.

3. The facts of the case are as follows:

4. The respondents are members of a Hindu joint family. Respondent 2 (defendant 1) is the father, and respondents 1 and 3 (plaintiff and defendant 2 respectively) are the sons. The family became indebted and respondent 2, as father and manager of the family, made certain alienations to which the other respondents were parties. Respondent 1, however, was a minor at the time, and was represented in those transactions by his father as hi