AMEERUDDHIN AHAMMED Vs. MEHURUNESA BEGUM

JUDGEMENT

(1.) The main point to be decided is whether the court which appointed a guardian under the Guardians and Wards Act (hereinafter referred to as the Act) has the jurisdiction to scrutinise the accounts filed by the guardian and to direct him to pay the balance amount as determined by the court.

(2.) In respect of the properties of the 1st respondent in CRP. 1920 of 1986, who is the revision petitioner in CRP. 2266 of 1986, (who is hereinafter referred to as the ex-minor) the District Court, Thodupuzha appointed her mother as her guardian in a guardians and wards petition. 4.65 acres of cardamom land belonging to the minor was in the possession of one A.M.A. Sultan as the power of attorney holder of the guardian. He assumed possession and management of the property from 19-10-1972 onwards. The minor attained 21 years of age on 10-2-1978., She filed I.A.155 of 1979 for a direction to hand over possession of the property along with the profits collected by the power of attorney holder. Before the lower court the above said A.M.A. Sultan filed a counter affidavit contending that he had put the property in the possession of his son, who is the 1st revision petitioner in C.R.P. 1920 of 1986. Petitioners 2 to 10 in that C.R.P. are the wife and other children of the said A.M.A. Sultan. For convenience sake they are hereinafter referred to as lessees.

(3.) The said A.M.A. Sultan died on 27-7-1982 and his legal representatives were impleaded in the proceedings. By Order dated 5-11-1979 the District Court directed the lessees to hand over possession of the property to the ex-minor. That order was challenged before this Court in C.R.P. 2910 of 1979. This Court by order dated 6-3-1981 confirmed the order of the District Court. A special leave petition against the said order before the Hon'ble Supreme Court was dismissed by that Court. The property was delivered to the ex-minor on 15-11-1979 through court.