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Wallace Sitha Boi v. Wallace Radha Boi

Wallace Sitha Boi v. Wallace Radha Boi

(High Court Of Judicature At Madras)

O.R. No. 35 Of 1918 | 08-10-1918

[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 court s order appointing the minor s 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.

Advocate List
  • For the Appearing Parties -----
Bench
  • HON'BLE MR. JUSTICE AYLING
  • HON'BLE MR. JUSTICE KRISHNAN
Eq Citations
  • (1919) 36 MLJ 189
  • 51 IND. CAS. 236
  • LQ/MadHC/1918/244
Head Note

Guardians and Wards Act, 1890 — Ss. 41(3) and 48 — Requisition of property of minor — Guardian, held, includes de facto guardian — Hence, District Judge was justified in requiring de facto guardian (grand-mother) of minor to hand over house belonging to minor — Guardians and Wards Act, 1890, S. 45(1)(c) — Interpretation of