Sir John Beaumont:-

This is an appeal from a judgment and decree of the High Court of Judicature at Madras, dated 24-4-1941, which reversed a judgment and decree of the Court of the District Judge of East Godavari at Rajahmundry dated 1-11-1937.

[2] The parties are members of a Hindu joint family governed by the Mitakshara School of Hindu law. The appeal arises out of a suit for partition brought on 10-12-1935, by respondents 1 and 2, who were then minors, by one Krishnamurti their maternal uncle and next friend, against the appellant, who was their father by his first marriage, and respondent 3 who was the son of the appellant by his second marriage.

[3] The questions which arise are (1) whether the suit was for the benefit of the minor plaintiffs and (2) whether the property specified in schedule 1 to the written statement of the appellant is his separate property or is joint family property belonging to him and the first two respondents. In the view their Lordships take of the case a further question as to whether respondent 3 is entitled to a share in the joint family property does not call for decision.

[4] It is common, ground that down to the year 1917 the appellant, his father