Plaintiffs are the appellants in this second appeal. They filed a suit for partition as well as for recovery of maintenance. Plaintiffs are mother and son. The son being a minor, he is represented in the suit by his mother as his next friend. First defendant (first respondent herein) is the father of the minor.

2. The point for consideration is limited to the question whether the minor son is entitled to partition.

3. Both the Courts below have held that since natural guardian, father, is alive, she cannot compel a partition between father and son, but also held that the first defendant is liable to maintain them and that the plaintiffs are entitled to separate maintenance on the allegations put forth by them against the first respondent (first defendant). An amount of Rs.300 per mensem was awarded as separate maintenance for them.

4. The Courts below have also held that the minor plaintiff is entitled to one-fourth share in the properties and it was also found by the Courts below that all the properties are joint family properties. The dismissal of the suit was only on the ground that mother, not being a natural guardian, is not entitled to file a suit for partition