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Syed Abdul Rahiman Sahib Vs. Abdulla Sahib and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty;Family
CourtChennai
Decided On
Reported in(1906)16MLJ286
AppellantSyed Abdul Rahiman Sahib
RespondentAbdulla Sahib and ors.
Cases ReferredNabu Behari v. Sheikh Mahomed
Excerpt:
- 1. we are unable to agree with the contention that because one of the minors has ceased to be a minor, the district judge had no power to take action under section 45 of act viii of 1890 and require the guardian to deliver up any property of the ward that might be in his possession or under his control. in our opinion the provisions of section 41, clause (3) of the act and section 45, clause 1(c) are clear as to this.2. we cannot follow the decision of the calcutta high court in the case of nabu behari v. sheikh mahomed as to the effect of the termination of the guardianship on the powers of the court under the section above quoted.3. this appeal must be dismissed with costs.
Judgment:

1. We are unable to agree with the contention that because one of the minors has ceased to be a minor, the District Judge had no power to take action under Section 45 of Act VIII of 1890 and require the guardian to deliver up any property of the ward that might be in his possession or under his control. In our opinion the provisions of Section 41, Clause (3) of the Act and Section 45, Clause 1(c) are clear as to this.

2. We cannot follow the decision of the Calcutta High Court in the case of Nabu Behari v. Sheikh Mahomed as to the effect of the termination of the guardianship on the powers of the Court under the section above quoted.

3. This appeal must be dismissed with costs.


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