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1949 Supreme(Mad) 32

B.K.MUKHERJEA, S.FAZL ALI, H.J.KANIA
Kondamudi Sriramulu – Appellant
Versus
Myneni Pundarikakshayya – Respondent


Advocates:
Ch. Raghava Rao, Senior Advocate, Federal Court (T.G.Krishnamurthi, Advocate, Federal Court, with him), instructed
by M.S.Krishnamoorthi Sastri, Agent, for Appellant.
B.Somayya, Senior Advocate, Federal Court (C.V.Narasimha Rao, Advocate, Federal Court, with him), instructed by
Ganpat Rai, Agent, for Respondent.

Judgments

The Chief Justice-This is an appeal from a judgment of a Full Bench of the Madras High Court1. The direct question raised for decision is about the power of a de facto guardian to alienate the property of a minor in consideration of a promissory note executed by such guardian in the name of the minor, under Hindu Law.

The material facts are these. The respondent (plaintiff) is the adopted son of Chelamayya Chowdari who died on the 9th January, 1925, leaving him surviving two widows. The junior widow, Krishnamma, was empowered by the deceased to adopt a son to him and accordingly she adopted the respondent who was then about six years old. Krishnamma managed the estate of the minor after such adoption. On the 1st February, 1923, Chelamayya Chowdari had borrowed Rs. 3,000 from the appellant (defendant) who was his pleader. On the 23rd April, 1925, Krishnamma, then the de jure guardian of the minor, renewed this promissory note. By that time the debt with interest had amounted to Rs. 3,802. Othe same date she executed another promissory note in respect of a further sum of Rs.1,200 alleged to be due to the appellant for professional work done by him during the lifetime of Chela


















































































































































































































































































































































































































































































































































































































































































































































































































































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