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1973 Supreme(SC) 256

K.K.MATHEW, M.H.BEG
Chandre Prabhuji Jain Temple – Appellant
Versus
Harikrishna – Respondent


Advocates:
H.S.DHER, HARBANS SINGH, N.NATESAN, S.GOPALAKRISHNA IYER, V.M.TARKUNDE

Judgment

MATHEW, J.:- One Gopalakrishna Raju (hereinafter called Raju) died in Madras an or about November 13, 1941, leaving behind him his widow Manorama, one minor son and two minor daughters. On March 25, 1941, Raju had executed a will whereby he appointed Manorama the executor of the will and the guardian of his minor son and. daughters and bequeathed all his properties to the minor son with directions as regards the maintenance and marriage of his daughters. On June 7, 1948, Manorama mortgaged certain properties to raise a loan of Rs. 7,000/- for the purpose of meeting the marriage expenses of her elder daughter. Thereafter, she filed an application under Sections 7 and 10 of the Guardians and Wards Act, 1890, hereinafter called the Act, on August 26, 1943, before the High Court of Madras to appoint her as the guardian of her minor children. In that petition she did not disclose that Raju died after executing a will, but said that Raju died leaving two houses Nos. 18 and 18A in Egmore, Madras and that she was the owner of one half of the houses and that her minor son was the owner of the other half. She also said that no guardian had been appointed of the person or the property































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