MYNENI PUNDARIKAKSHAYYA Vs. KONDAMUDI SREERAMULU

JUDGEMENT

(1.) THE main question in this appeal is whether a person, who without lawful authority takes upon himself the management of the estate of a Hindu minor, can in law execute a promissory note in the name of the minor in respect of money borrowed for a necessary purpose and thereby bind the minor's estate. The person who without lawful authority takes charge of a minor's estate is commonly referred to as the de facto guardian and it will be convenient to use the expression in this judgment.

(2.) THE appellant is the adopted son of one Chelamaiya Chowdri, who died on the 9th January, 1925. Chelamaiya Chowdri was survived by two widows and by his will dated the 20th November, 1924, he gave the junior widow, Sri Krishnamma, power to adopt a son to him. She exercised the power in favour of the plaintiff soon after the testator's death. The validity of the adoption is not in question. Sri Krishnamma died in the month of November 1928 and after her death the plaintiff's natural father, China Seshayya, entered upon the management of his estate. In Chennappa v. : AIR1940Mad33 , a Full Bench of this Court held that the Hindu law only recognises the father or the mother of a minor as his lawful guardian and that when both of them are dead there can be no dejure guardian without an order of the Court. China Seshayya had not been appointed the plaintiff's guardian by an order of Court and therefore he had no authority to manage the minor's estate.

(3.) ON the 1st September, 1919, Chelamaiya Chowdri executed a promissory note in favour of one Gutta Punniah for Rs. 4,082 -9 -6. Chelamaiya Chowdri renewed this promissory note on the 27th August, 1922, by the execution of a fresh note. On the 12th July, 1925, and on the 8th July, 1928, Sri Krishnamma executed promissory notes in acknowledgment of the debt. On the 12th November, 1928, the de facto guardian purported to renew the promissory note of the 12th July, 1925, and on the nth November, 1931, he signed a fresh promissory note in the minor's name for Rs. 9,497 -14 -9 as a renewal of the promissory note of the 12th November, 1928.