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1960 Supreme(Mad) 95

ANANTANARAYANAN
Sakthi alias Thayammal – Appellant
Versus
Kuppathammal – Respondent


Advocates:
R. Gopalaswami Ayyangar, and S. Ramalingam, for Appellant.
The Advocate-General (V. K. Tiruvenkatachari) and V. Ratnam, for Respondents.

Judgment.-

This Civil Miscellaneous Appeal raises a question of great contemporary significance and some legal interest, though the facts themselves are extremely simple. The facts are that in I.A. No. 1289 of 1959 in O.P. No. 67 of 1953 on the file of the learned District Judge of Coimbatore, the present appellant (the property guardian of a minor) sought, under section 29 of the Guardians and Wards Act (VIII of 1890), for permission to sell 55 standard acres of the lands belonging to the minor. The legal principles which are applicable to the matter are clear, and not in dispute. The interest of this case arises, not from any difficulty with regard to the interpreta-tion of the sections of law, but from the peculiar and exceptional grounds upon which necessity for alienation was sought to be based. Section 31 of the same Act lays down that such permission ought not to be granted by the Court “except in the case of necessity or for an evident advantage to the ward.” Section 31, sub-sections (2) and (3) relate to the requirements that the order granting the permission should recite the necessity or advantage, and that conditions of special kinds may be attached to the permission of















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