MICHAYEL NADAR Vs. SREEDHARAN BABU

JUDGEMENT

(1.) SECOND defendant in O. S. 390 of 1976 of the Munsiffs Court, Neyyattinkara is the appellant. Plaintiffs 1 to 3 filed the suit originally for declaration and partition. Subsequently it was amended for recovery of possession of plaintiffs' share also. The trial Court held that plaintiffs are entitled to recover possession of half share of the plaint schedule property with mesne profits. This finding has been confirmed by the Sub Judge, Trivandrum. While confirming the preliminary decree the second defendant was allowed reimbursement of Rs. 100/- spent by him for taking Ext. B6 release deed.

(2.) THE property originally belonged to Kumaran Panicker who gifted the same in 1123 M. E. to his children viz. plaintiffs' mother, first defendant, Kamalakshi and Bhavani. Plaintiffs' mother purchased 1/4 share of the first defendant. She thus became entitled to half share in the property. Second defendant purchased the rights of Kamalakshi and Bhavani and obtained half right in the property. Third defendant who is the sister of the plaintiffs' mother executed a document in favour of the second defendant assigning rights of the plaintiffs in the property. This is challenged by the plaintiffs on the ground that the third defendant had no right to do so she being not their natural guardian or guardian appointed by the Court.

(3.) AS plaintiffs' father was admittedly alive and as there is no case that he has ceased to be a Hindu or renounced the world, it has to be held that he continued to be their natural guardian of his minor children. Merely because he was not residing with the plaintiffs he did not cease to be the natural guardian. The natural guardian ceases to be so only under the two grounds mentioned in the proviso to S. 6. The proviso makes the position clear that no person shall be en titled to act as the natural guardian of a minor if he has ceased to be a Hindu or if he has completely and finally renounced, the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi ).