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Wallace Sitha Boi Vs. Wallace Radha Boi

Wallace Sitha Boi vs Wallace Radha Boi

Type Court Judgment Court Chennai Decided Oct 08, 1918
~1 min read
https://sooperkanoon.com/case/786833

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Citation
Court
Chennai
Decided On
Subject
Family

Case Summary

AI-generated summary - not the official court judgment text.

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Key legal issue
Family

Parties & Advocates

Appellant / Petitioner

Wallace Sitha Boi

Respondent

Wallace Radha Boi

Legal References

Reported In
(1919)36MLJ189

Excerpt

- 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.

Full 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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