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B. Tirapayya Minor by Guardian T. Ganjayya Vs. Mallidi Ramaswami - Court Judgment

LegalCrystal Citation
SubjectFamily;Civil
CourtChennai
Decided On
Reported in19Ind.Cas.362; (1913)24MLJ428
AppellantB. Tirapayya Minor by Guardian T. Ganjayya
RespondentMallidi Ramaswami
Excerpt:
- section 16 (1) (c) :[tarun chatterjee & aftab alam,jj] ready and willing to perform-concurrent findings of fact on consideration of evidence on record that appellants-buyers were not ready and willing to perform terms and conditions of agreement for sale - buyers failing to pay balance consideration before agitating matter before supreme court held, concurrent finding cannot be interfered with. section 20: [tarun chatterjee & aftab alam,jj] whether time is the essence of contract held, many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. .....that such a person is a ' lawful guardian within the meaning of section 21 of the limitation act 1908 when acting for the benefit of the minor. the payments made by suramma therefore save the bar of limitation. the petition is dismissed with.....
Judgment:

Bakewell, J.

1. The District Munsif has found that the action of the natural mother of the minor, in making the payment in question, was for the benefit of the minor and that she was in charge of His person and property at the time.

2. The guardians appointed by the with of the minor's adoptive father, and all his relations appear to have been unwilling to act as guardians, and in their default, the natural mother of the minor was, I think, the proper person, to be entrusted with his interests. The cases cited show that a person who is lawfully acting as guardian, though not legally appointed for the purpose, can bind his estate for necessary purposes, and I think that such a person is a ' lawful guardian within the meaning of Section 21 of the Limitation Act 1908 when acting for the benefit of the minor. The payments made by Suramma therefore save the bar of limitation. The petition is dismissed with costs.


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