SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1918 Supreme(Mad) 294

Wallace Sitha Boi – Appellant
Versus
Wallace Radha Boi – Respondent


JUDGMENT

1. In this petition we are asked to interfere in revision with the proceedings of the District Judge of Tanjore requiring a de facto guardian (grand-mother) of a minor under Section 41(3) of the Guardians and Wards Act to hand over a house as one belonging to the minor. We can find no ground for interference. The term "guardian" in the sections must be understood in the light of the definitions in Section 4(2) and would include the present petitioner. The latter was ipso facto removed from guardianship under Section 7(2) by the courts order appointing the minors mother to be guardian. The District Judge has not exceeded his jurisdiction and petitioner must be referred to a suit to establish if she can, her title to the house. We may remark that Section 48 of the Guardians and Wards Act which refers to "orders made under the Act" would not cover the case of a "requisition" under Section 41(3) of the Act; vide reference to the latter in Section 45(1)(c).

2. The petition is dismissed with costs.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top