Skip to content


Mahabbat Ali Chowdhury Vs. Shamsher Ali Chowdhury and anr. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in15Ind.Cas.703
AppellantMahabbat Ali Chowdhury
RespondentShamsher Ali Chowdhury and anr.
Excerpt:
guardian and ward - appointment of guardian supported by mother of minor--appointment of joint guardian--joint guardian appointed sole guardian for other guardian's inability to give security-appointment without mother s approval--order injudicious. - .....order of the district judge of chittagong dated the 4th january 1911, appointing one makbul ahmad chowdhury, a joint manager of the property of two minors it appears that the original application was made by one shamsher ali, who is a grand. uncle of the minors, and that there was petition of objection put in by another grand-uncle of the minors, mohabbat ali chowdhury. this petition was supported by another petition of objection filed by nasima khatun, the mother of the minors the learned district judge appointed mahabbat ali chowdhury the objector, as guardian of the minors property on the ground that he was equally related to the minors and that he had been managing the minors' property and paying their revenue. but the district judge also thought it better to appoint another.....
Judgment:

1. This is an appeal from the original order of the District Judge of Chittagong dated the 4th January 1911, appointing one Makbul Ahmad Chowdhury, a joint manager of the property of two minors It appears that the original application was made by one Shamsher Ali, who is a grand. uncle of the minors, and that there was petition of objection put in by another grand-uncle of the minors, Mohabbat Ali Chowdhury. This petition was supported by another petition of objection filed by Nasima Khatun, the mother of the minors The learned District Judge appointed Mahabbat Ali Chowdhury the objector, as guardian of the minors property on the ground that he was equally related to the minors and that he had been managing the minors' property and paying their revenue. But the District Judge also thought it better to appoint another man as joint guardian with Mahabbat Ali. One Jan Ali was selected for this purpose but he refused to act as a guardian on which on the 4th of January 1911 Makbul Ahmad Chowdhury was appointed manager of the minor's property, jointly with Mahabbat Ali already appointed. On being called upon to give the necessary security, Mahabbat Ali failed to do so, upon which this Makbul Ahmad Chowdhury was appointed sole manager of the property of the minors. In our opinion, the order was at the least injudicious and made without due consideration. Makbul Ahmad is the son of Shamsher Ali and apparently he was appointed without any opportunity being given to the mother to state her views.

2. In the above circumstances, we set aside the order of the District Judge, dated the 4th January 1911. If the matter comes up again before the District Judge, that is, if a further application be made to him, and if he thinks it necessary to appoint a guardian of the property, he should proceed according to law under Chapter II of the Act.

3. We assess the hearing fee at one gold mohur.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //