MOGALAPPA Vs. VITHOBA AND ANOTHER

JUDGEMENT

(1.) THIS case has been referred to the Full Bench inasmuch as a question appeared to have fallen for determination as to whether in the absence of any adult male members of the joint family which consists of only minors, can there be a partition of the family by the mother as guardian of the said minors. The plaintiff filed a suit for ejectment and possession of 3 acres and 14 guntas forming part of Survey No. 20. It was alleged in the plaint dated 11th Farwardi 1354F., that there was a partition between the plaintiff and defendants 1 and 2 of all the properties about 25 years ago and that the whole of S. No. 20 had come to the share of the plaintiff as he was a member of the elder branch and was in possession of it till the date of dispossession. On 25th Thir, 1348F., defendants dispossessed him from half the suit land and refused to give possession of it on the 25th Isfandar, 1354F., as such he brought this ejectment suit against the defendants.

(2.) THE Munsif -Magistrate on these pleadings framed only a solitary issue on the 28th Ardibehist 1354 F., viz.,

(3.) AS against the judgment and decree of the Nazim -e -zilla, plaintiff filed an appeal which came before a Single Judge who referred the case to the Division Bench as he was of the opinion that the Full Bench judgment in, 26 Deccan LR 679 (A) is clearly distinguishable from the other judgments cited before him.