Alfred Henry Lionel Leach, C.J.

1. The main question in this appeal is whether a person, who without lawful authority takes upon himself the management of the estate of a Hindu minor, can in law execute a promissory note in the name of the minor in respect of money borrowed for a necessary purpose and thereby bind the minors estate. The person who without lawful authority takes charge of a minors estate is commonly referred to as the de facto guardian and it will be convenient to use the expression in this judgment.

2. The appellant is the adopted son of one Chelamaiya Chowdri, who died on the 9th January, 1925. Chelamaiya Chowdri was survived by two widows and by his will dated the 20th November, 1924, he gave the junior widow, Sri Krishnamma, power to adopt a son to him. She exercised the power in favour of the plaintiff soon after the testators death. The validity of the adoption is not in question. Sri Krishnamma died in the month of November 1928 and after her death the plaintiffs natural father, China Seshayya, entered upon the management of his estate. In Chennappa v. Onkarappa AIR1940Mad33 , a Full Bench of this Court held that the Hindu law only recognises the father