VAIBHAV S/O MAHANTESH HAVANAGI Vs. NIL

JUDGEMENT

(1.) The appellant, who is claiming to be a grand father of the minor boy Vaibhav S/o Mahantesh Havanagi, is before this Court against the order dated 31.01.2018 made in G & WC No.01/2017, on the file of the Senior Civil Judge and JMFC, Shiggaon (for short, 'the Trial Court'), dismissing the application filed under Section 8 of the Guardians and Wards Act, 1890 (for short, 'the Act').

(2.) The present appellant has filed an application in G & WC No.20/2017 under Section 8 of the Act before the Senior Civil Judge, Haveri seeking for appointment as the guardian of the minor Vaibhav and permission to sell his property bearing No. 127 measuring East-West 40'x30', 38'x40', 5'x100' and 5'x70 totally measuring about 3570 sq. ft. situated at Shiggaon, Taluk Shiggaon, District Haveri, in the interest of the minor for his educational and other expenses. It is stated in the said application that the appellant was appointed as Guardian on behalf of the minor Vaibhav, who is the owner of the said property and the guardian/grand father, who is aged about 72 years has been taking care of all these properties. Further, he has stated in the said application that he is not in a position to spend money for educational purposes of the minor Vaibhav and the said minor is studying in Diploma 2nd year and he is not in a position to maintain himself. Therefore, he sought permission to sell his property in the interest of the minor.

(3.) In support of his contentions, he has examined as PW1 and produced Ex.P1-SSLC Marks card, Ex.P2-Tax paid receipt, Ex.P3-Paper publication and Ex.P3A-part of the Notice. The Trial Court considering the entire material on record, by the impugned order dated 31.01.2018 dismissed the application holding that the applicant/appellant failed to prove that there is no proper reason to alienate the property on behalf of the minor in his interest. Hence, the present appeal is filed.