1913 Supreme(Mad) 90

IN THE HIGH COURT OF MARAS
Bakewell, J.
B. Tirapayya Minor By Guardian T.
Versus
Mallidi Ramaswami
Decided On : 28 February, 1913

A person lawfully acting as a guardian, though not legally appointed, can bind the estate for necessary purposes and is considered a 'lawful guardian' under Section 21 of the Limitation Act 1908 when acting for the benefit of the minor.

Headnote:

Guardianship - Natural Mother - Payment for Benefit of Minor - Interpretation of 'lawful guardian' under Section 21 of the Limitation Act 1908

Fact of the Case:

The District Munsif found that the natural mother's action in making the payment was for the benefit of the minor and that she was in charge of his person and property at the time.

Finding of the Court:

The court found that in the absence of willing guardians appointed by the minor's adoptive father, the natural mother was the proper person to be entrusted with the minor's interests. The court also held that a person lawfully acting as a guardian, though not legally appointed, can bind the estate for necessary purposes, and such a person is considered a 'lawful guardian' under Section 21 of the Limitation Act 1908 when acting for the benefit of the minor.

Issues: Interpretation of 'lawful guardian' under Section 21 of the Limitation Act 1908, authority of the natural mother as guardian in the absence of appointed guardians

Ratio Decidendi: A person lawfully acting as a guardian, though not legally appointed, can bind the estate for necessary purposes and is considered a 'lawful guardian' under Section 21 of the Limitation Act 1908 when acting for the benefit of the minor.

Final Decision: The petition was dismissed with costs.