The court has the power to determine the person entitled to receive the property of a deceased minor ward upon the death of the guardian, even though such determination is prima facie and does not confer an absolute title.

( 1 ) THIS revision has been filed against the order dated October 24. 1968. of the Senior Subordinate Judge Simla, in case No. 1 of 1966. By this order the Senior Subordinate Judge has directed the delivery of the properties in question to the respondent and also to render accounts of the property upto the date of such delivery.

( 2 ) BADRI datt was the minor son of Het Ram. Upon the death of Het Ram, one Gursaran was appointed a guardian of the properties of Badn Datt by an order dated July 13, 1953, of the Subordinate Judge first class, Kandaghat. The ward Badri Datt died on August 20, 1955. Upon the death of the ward, Gursaran the guardian made an application to the Subordinate Judge first class, Kandaghat for being discharged. This application was decided by the Subordinate Judge first class, Kandaghat by his ord dated March 14, 1957. The Subordinate Judge first class, Kandaghat, refused to adjudicate upon the alleged claim of the said guardian to be the successor of Badri Datt deceased but he added:-

"but for the present purpose, it will suffice if he is directed not to submit any accounts in future. If Gursaran enjoys the usufruct of the property of the minor and subsequently by a competent Court, he is not found to be the rightful heir, he will have to account for this to the person who is adjudicated the rightful heir. I do not think that it is proper to get accounts from Gursaran any more as this could only be for the protection of the right of the minor, who is now dead. "

( 3 ) THEREFORE, Gursaran was discharged from his responsibility as a guardian from filing accounts as he had been directed when he was appointed guardian of Badri Datt deceased. The learned Subordinate Judge first class. Kandaghat, however, proceeded to observe:

"the money lying in the Court will only be paid to the person who will produce a succession certificate in this Court. The surety bond executed by Gursaran is hereby cancelled. "

( 4 ) AFTER his discharge by the aforesaid order Gursaran the guardian continued to remain in possession of his. ward s properties but Gursaran himself died on December 2, 1959. After his death his legal representatives, who are the petitioners in this revision, continued to remain in possession of the properties of Badri Datt deceased.

( 5 ) THE respondent, Smt. Devkoo, widow of Het Ram and mother of Badri Datt aforesaid, filed the present application under section 41 of the Guardians and Wards Act (Act No. VIII of 1890) in the Court of the Senior Subordinate Judge, Simla, against the petitioners praying that possession of the properties of Badri Datt minor may be handed over to her; the income from the said properties deposited in the Court be also given to her and the petitioners be directed to produce accounts with regard to the properties of Badri Datt aforesaid and moneys found due from them be paid over to her. She had filed this application upon the allegation that she, being the mother of Badri Datt aforesaid, was his natural heir and entitled to succeed to his properties. A reply to this application was filed only on behalf of Umed Ram, one of the petitioners. He objected to the prayers being granted on the ground that the moneys lying in Court could not be handed over to the respondent unless she produces a succession certificate as directed in the order dated March 14, 1957, of the Subordinate Judge first class, Kandaghat; that the respondent had remarried one Ram Dittu and therefore ceased to be the heir of Badri Datt deceased and that the petition was barred by time.

THE Senior Subordinate Judge framed the following issues :- 1. Whether Gursaran was discharged by the Court on March 14,1957? If so, with what effect? O. P. P. 2. Whether Smt. Devkoo applicant is residing with Ram Dittu as his wife ? If so, to what effect ? O. P. R. 3. Is the application within time? O. P. P. 4. Relief.

( 6 ) I may mention that none of the petitioners who are the legal representatives of the guardian Gurs