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M. Rama Rao Vs. K. Rengaswamy Rao - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported inAIR1926Mad419
AppellantM. Rama Rao
RespondentK. Rengaswamy Rao
Cases ReferredNabu Bopari v. Sheikh Mahomed
Excerpt:
- .....40 of the act, at the same times directing him under section 41(3) to deliver his accounts and all property in his possession belonging 'to the minor. in doing so, the district judge expressed the opinion that ho could not make an investigation into the accounts. the ruling he relied on nabu bopari v. sheikh mahomed [1900] 5 c.w.n. 207 has no application hero ; for it dealt with the case of a minor who had come of age.2. when the court has ordered a, guardian under section 41(3) to deliver accounts and property in ills possession, there is still a further question to be decided, that is to say, whether he is to be discharged from further liability under the next subjection, i am unable to sec how it is to be decided without an investigation into the accounts. i cannot for a moment.....
Judgment:
ORDER

1. In January 1920 respondent applied to be discharged from guardianship. Two years later the District Judge granted him a discharge under Section 40 of the Act, at the same times directing him under Section 41(3) to deliver his accounts and all property in his possession belonging 'to the minor. In doing so, the District Judge expressed the opinion that ho could not make an investigation into the accounts. The ruling he relied on Nabu Bopari v. Sheikh Mahomed [1900] 5 C.W.N. 207 has no application hero ; for it dealt with the case of a minor who had come of age.

2. When the Court has ordered a, guardian under Section 41(3) to deliver accounts and property in Ills possession, there is still a further question to be decided, that is to say, whether he is to be discharged from further liability under the next subjection, I am unable to sec how it is to be decided without an investigation into the accounts. I cannot for a moment concede that the Court is bound to accept without scrutiny any account he chooses to submit or to allow him to deliver only such property as he admits himself to possess.

3. In this case the District Judge has not yet passed any order under Section 41(4). The records will be returned. The parties may apply to him for further orders. There will be no order as to costs in this Court.


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