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1955 Supreme(All) 135

B.M.LAL, RAGHUBAR DAYAL
MOHAMMAD MURAD IBRAHIM KHAN – Appellant
Versus
GOVT. OF U. P. OF AGRA AND OUDH – Respondent


Advocates Appeared:
N.D.Pant, S.N.KATJU

BRIJ MOHAN LALL, J.

( 1 ) THIS is an appeal by plaintiffs against a decree of the learned Civil Judge of Aligarh dismissing their suit against the Government of United Provinces (now Uttar Pradesh.) The plaintiffs are a son and a daughter of one Mohammad Farahim Khan. In 1923 they were minors and their grandfather, Haji Mohammad Yusuf Khan, was appointed their guardian under the provisions of the Guardians and Wards Act by the District Judge of Aligarh. One Anwarullah, who claimed to be their maternal uncle, moved an application before the learned District Judge of Aligarh on 2-7-1927. In this application he pointed out that the minors were possessed of jewellery and that the guardian was indebted. He expressed an anxiety for the protection of the minors property and made several prayers to the learned Judge including a request that the guardian might be called upon to produce the jewellery before the Court and that the same might, for the sake of safety, be deposited in bank or at any place which the Court might deem proper. On 5-7-1927 the learned district Judge issued notice of this application returnable on 18-7-1927. Later on the guardian appeared before the learned District J



























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