KERALA HIGH COURT
A. M. K. S. T. Narayanan, J
Balakrishnan Nair – Appellant
Versus
Kamalakshy Nettyar – Respondent
| Table of Content |
|---|
| 1. guardian appointed; concerns regarding minor's assets. (Para 1) |
| 2. appellants argue transactions are voidable. (Para 2) |
| 3. court affirms guardian's role; statutory limitations considered. (Para 3 , 4) |
| 4. minor's representation legitimized; core issues examined. (Para 5 , 6) |
| 5. ruling on maintaining a minor's interest crucial. (Para 7 , 8) |
| 6. final decision emphasizes justice and reconveyance. (Para 9) |
1 In O.P. No. 61 of 1975, District Judge, Thalassery appointed Kamalakshy Nettyar (for short, Nettyar) as guardian of her minor daughter, Sreeja. First defendant, Balakrishnan Nair, is the husband of Nettyar and father of Sreeja and as such, her natural guardian. Fearing that Balakrishnan Nair, said to be a spend-thrift and drunkard, may compel her to sell all her assets and deprive the minor of the future benefits of the properties, Nettyar gifted the four plaint schedule items, which belonged to her, to Sreeja under Ext. A1. Thereafter, acting as natural guardian of the minor, Balakrishnan Nair sold all the plaint items. Item No. 4 was sold to Vellan, predecessor of defendants 3 to 6, under Ext. B7 and Item Nos. 1 to 3 to the second defendant under Ext.B1. It was therea
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