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R.M.A. Subramanya Pillai Vs. Ammayee Ammal Alias Piramu Ammal and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in29Ind.Cas.740
AppellantR.M.A. Subramanya Pillai
RespondentAmmayee Ammal Alias Piramu Ammal and anr.
Cases ReferredVide Audiappa Pillai v. Nallendran Pillai
Excerpt:
guardians and wards act (viii of 1890), section 19 - minor, appointment of guardian for--father available--other person, when appointed guardian. - securitisation & reconstruction of financial assets & enforcement of security interest act, 2002 [c.a. no. 54/2002]section 17; power of tribunal to impose condition relating to deposit for grant of stay of auction held, there is no specific provision made under section 17 of securitisation act or under any other provisions of the said act empowering the tribunal to pass any interim order. but under sub-section (12) of section 19 of the recovery of debts due to banks and financial institutions act, 1993, the tribunal has been empowered to pass various interim orders. if sub-section (7) of section 17 of securitisation act is read along with.....1. the learned district judge has dealt with the petition only with regard to the welfare of the minor, although under section 19, guardians and wards act, when the minor's father is living no other guardian can be appointed unless he is in the courts opinion unfit for appointment. vide audiappa pillai v. nallendran pillai 29 ind. cas. 4 : 28 m.l.j. 442 : (1915) m.w.n. 30 : 17 m.l.t. 380. we must set aside the decision and ask the district judge to re-admit the petition and dispose of it again in the light of the foregoing after considering and recording a finding as to the fitness of the petitioner, the minor's father for the guardianship. costs to date will be costs in the case.
Judgment:

1. The learned District Judge has dealt with the petition only with regard to the welfare of the minor, although under Section 19, Guardians and Wards Act, when the minor's father is living no other guardian can be appointed unless he is in the Courts opinion unfit for appointment. Vide Audiappa Pillai v. Nallendran Pillai 29 Ind. Cas. 4 : 28 M.L.J. 442 : (1915) M.W.N. 30 : 17 M.L.T. 380. We must set aside the decision and ask the District Judge to re-admit the petition and dispose of it again in the light of the foregoing after considering and recording a finding as to the fitness of the petitioner, the minor's father for the guardianship. Costs to date will be costs in the case.


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