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1950 Supreme(Mad) 77

VISWANATHA SASTRI
Kullappa Mudaliar – Appellant
Versus
Palaniappa Mudaliar – Respondent


Advocates:
K.V. Ramachandra Aiyar for Petitioner.
T.L. Venkatarama Aiyar for Respondents.

Judgment

The petitioner seeks a revision of the order of the District Judge of North Arcot at Vellore directing him to deliver the properties in his possession to the respondents, who claim to be entitled thereto on the death of a minor ward, for whose properties the petitioner had been appointed as a guardian by the District Court under section 16 of the Guardians and Wards Act. The ward died before attaining majority. The respondents claiming to be entitled to the estate as next heirs applied to the District Court that the petitioner, the guardian appointed by that Court, should be directed to hand over to them the possession of the properties of which he had taken charge as guardian. Objection was taken on the part of the guardian to the grant of the relief claimed by the respondents on various grounds. The main contention was that the Court had no power under section 41, sub-section (3) of the Guardians and Wards Act to direct the certificated guardian to hand over the properties of the deceased minor to persons claiming to be entitled to them on the death of the minor. A further objection was that the respondents claimed the properties not as the heirs of the minor but as rever









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