Alfred Henry Lionel Leach, J.

1. This appeal raises the question whether the paternal grandmother of a Hindu minor is his lawful guardian when she happens to be his nearest living relation. From 1917 to 1924 the respondents father had on various occasions borrowed money from the appellant. On the 18th September, 1924, an account was taken and it was found that the respondents father owed the appellant an aggregate sum of Rs. 3,825 for which he executed a promissory note. The instrument was not properly stamped and therefore was not admissible in evidence. Realizing the defect the appellant filed a suit in the Court of the District Munsif of Bellary for relief on the basis of a settled account. The date of the institution of the suit was 16th July, 1932, and unless the appellant was entitled to rely on certain endorsements on the promissory notes his suit was time barred. I should mention that the respondents father had died on the 4th October, 1924, and the suit was against the respondent as his legal representative. The respondents mother had predeceased his father and on his fathers death Neelamma, his paternal grandmother, took charge of his property. On the 6th September