The term 'guardian' in the Guardians and Wards Act includes a de facto guardian, and a de facto guardian can be required to hand over property belonging to a minor under the Act.

Headnote:
Guardians and Wards Act - De Facto Guardian - The court found no ground for interference with the District Judge's requirement for a de facto guardian to hand over a house belonging to a minor. The term 'guardian' must be understood in the light of the definitions in Section 4(2) and would include the present petitioner. The petitioner was removed from guardianship by the court's order appointing the minor's mother as guardian. The District Judge did not exceed jurisdiction, and the petitioner must establish her title to the house through a suit. Section 48 of the Guardians and Wards Act does not cover the case of a 'requisition' under Section 41(3) of the Act.
Fact of the Case:

The District Judge required a de facto guardian to hand over a house belonging to a minor under Section 41(3) of the Guardians and Wards Act. The petitioner sought interference in revision with the proceedings.
Finding of the Court:

The court dismissed the petition with costs, finding no ground for interference with the District Judge's decision. The petitioner was removed from guardianship, and the District Judge did not exceed jurisdiction.
Issues: Interference with District Judge's requirement for a de facto guardian to hand over a house, understanding of the term 'guardian' in the Act, and the petitioner's title to the house.
Ratio Decidendi: The term 'guardian' in the Act includes the present petitioner, who was removed from guardianship by the court's order appointing the minor's mother as guardian. The District Judge did not exceed jurisdiction, and the petitioner must establish her title to the house through a suit.
Final Decision: The petition is dismissed with costs.

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.

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Judicial Analysis

1918 Supreme(Mad) 294

IN THE HIGH COURT OF MARASWallace Sitha BoiVersusWallace Radha BoiDecided On : 8 October, 1918

The term 'guardian' in the Guardians and Wards Act includes a de facto guardian, and a de facto guardian can be required to hand over property belonging to a minor under the Act.

Judicial Analysis

IN THE HIGH COURT OF MARAS
Wallace Sitha Boi
Versus
Wallace Radha Boi
Decided On : 8 October, 1918