( 1 ) THIS is a petition filed by the petitioners for an order that the petitioners be appointed guardians of the undivided share of the minor respondents in the property particularly described in Exhibit A to the petition and that the agreement of sale of the said property mentioned in the petition be sanctioned as being for the benefit of the minor respondents and that the petitioners as guardians be authorized to complete the sale on behalf of the minor respondents. The order is sought from this Court in the exercise of its inherent jurisdiction. When this petition was presented I entertained some doubt as to whether this Court has inherent or general jurisdiction to appoint a guardian of the undivided share of a minor in a joint Hindu family and to sanction the sale on behalf of the minor. I therefore asked the learned Advocate appearing for the petitioners to address full arguments to me on this point. Since the petition is at this stage ex-parte I requested Mr. Kaji to argue amicus curiae and to present the opposing point of view if any.

( 2 ) MR. Joshi the learned Advocate for the petitioners has contended that prior to the coming into force of the Bombay R