M. Sasidharan Nambiar, J.

Appellant is the only son of deceased Velliyattu Narayanan. Appellant filed 0.5.169/81 before Munsiff Court, Payyannur on 7-9-1981 with his maternal uncle as his next friend. The suit was subsequently returned for presentation before proper court and was represented as O.S.318/82 before Sub Court, Thalasserry. Later it was transferred to Sub Court, Payyannur, and numbered as O.S.83/87. The suit was for partition of twelve items of properties scheduled in the plaint. His mother was the second defendant and grandmother (mother of Narayanan) was first defendant. It was contended by appellant that plaint schedule properties are the self acquired properties of Narayanan and on the death of Narayanan, it devolved upon his wife, second defendant, mother first defendant and son, plaintiff and each of them are entitled to one share and though Ext. A-8 partition deed was executed by defendants 1 and 2, it was against the interest of plaintiff and second defendant did not act in the interest of appellant as his guardian and therefore he is entitled to ignore Ext. A-8 and seek partition. It was also contended that though items 1 and 2 of plaint schedule pro