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Wallace Sitha Boi Vs. Wallace Radha Boi - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported in(1919)36MLJ189
AppellantWallace Sitha Boi
RespondentWallace Radha Boi
Excerpt:
- .....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.....
Judgment:

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.


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