DINANATH AND Vs. CHANDRABHAGABAI AND

JUDGEMENT

(1.) On an application made under the provisions of the Guardians and Wards Act, the Deputy Nazir of the Court of the District Judge, Belgaum, was appointed guardian of the properties of the four minor sons of one Shripad Deshpande, who left behind him those four minor sons, his two widows and also a daughter by his first wife Laxmibai and another daughter Gulab by his second wife Chandrabhagabai. Pursuant to a notification issued under the provisions of Sub-section (6) of Section 4 of the Guardians and Wards Act by the Government o Bombay in the year 1954, the personal Assistant to the Collector of Belgaum was appointed guardian of the properties of those four minor sons in place of the Deputy Nazir of the District Judge's Court, Belgaum, who had been originally appointed as such guardian.

(2.) The eldest of those four brothers completed the age of 21 years on April 25, 1957, whereupon he made an application (Ex. 44) in the Court below that possession of the properties in respect of which the said guardian had been appointed should be restored to him. In that application he undertook to abide by such terms as might be imposed by the Court in regard to the payment of adequate maintenance to his step sister Gulab, to his step mother Chandrabhagabai and to his mother Laxmibai and his two sisters who were still unmarried.

(3.) The Court below, although it came to the conclusion that on account of appellant 1 Dinanath Shripadrao Deshpande having completed the age of 21 years and having therefore ceased to be a ward, the guardianship in respect of the properties belonging to himself and his three brothers had terminated, nevertheless declined to grant the application made by the first appellant on the ground that he was a person who was employed in a place other than that in which the properties of the family were situate and also on the ground that the first appellant should be allowed some time to attain sufficient maturity although he had attained majority and directed that the properties should continue to be in the possession of the guardian. Against that order, the appellant Dinanath Shripad Deshpande, the eldest son and his mother Laxmibai have both appealed.