Kakumanu Pedasubhayya v. Kakumanu Akkamma (AIR 1968 SC 1042)

CASE_TITLE Kakumanu Pedasubhayya v. Kakumanu Akkamma, AIR 1968 SC 1042

The Supreme Court said a suit for partition filed on behalf of a minor can split the family status, just like a suit by an adult—if the court finds it helps the minor. Under Mitakshara, the right begins at birth and includes the right to demand partition.

• Do adult and minor plaintiffs stand on the same footing when filing a partition suit?

The Supreme Court rejected the abatement argument. It held that a suit by a next friend on a minor’s behalf brings about severance in status as effectively as a suit by an adult—provided the court finds it beneficial to the minor. Here, benefit was proved; the decree remained.

When the law permits a person interested to act for a minor, a declaration to become divided made on his behalf causes severance in status, subject to the court’s finding of benefit.

Effect, not age, controls severance: A minor’s partition suit via next friend does sever status if it is beneficial. Mitakshara birthright supports that remedy.

• Aligns minor with adult in effect for partition suits.
• Protects minors from hostile management of joint property.
• Clarifies that benefit to the minor is the key check.

1. Mitakshara: coparcenary right starts at birth.
2. Next friend can sue for partition on a minor’s behalf.
3. Severance in status occurs if the suit is beneficial.
4. Death of minor does not abate suit if L.R. continues and benefit is shown.

Mnemonic: MINOR-SEV-BENEFIT — Minor suit → Severance → Court checks Benefit.

1. File by next friend for the minor.
2. Show how partition helps the minor.
3. Result: severance in status if benefit is proved.

Issue: Are adult and minor plaintiffs on the same footing in partition suits?

Rule: Under Mitakshara, right at birth includes right to partition; a next-friend suit can sever status if beneficial to the minor.

Application: Defendants acted against the minor. Suit was beneficial. Mother continued as L.R. after the minor’s death.

Conclusion: Minor’s suit via next friend effects severance like an adult’s suit; decree upheld.

Coparcener

A member of the joint family with a birthright in property.

Next Friend

A person who files or conducts a suit on behalf of a minor.

Severance in Status

Legal split of joint status, even before physical division of property.

Mitakshara

A school of Hindu law governing joint family property in most of India.