RAKHMABAI KACHU Vs. SITABAI KACHU

JUDGEMENT

(1.) This is an appeal from an order made by the District Judge, Nasik, appointing the Deputy Nazir as guardian of the property of a minor by name Khanderao. The facts leading up to the application arc these.

(2.) One Kachu died on April 15, 1945, leaving him surviving two widows, Bikhama and Sita, a son by Sita called Khanderao, a daughter by Sita called Kamal and a married daughter by name Bhagu by Rakhama. Rakhama is the senior widow, while Sita, the mother of Khanderao, is the junior widow. It appears that Kachu left at his death a house and lands both Bagayat and Jirayat. He had a grape garden and also a guava garden. The evidence shows that the net income of the property left by Kachu is between Rs. 3.000 and Rs. 4,000. Khande-rao was just an infant, being about 5 years of age, when the application was made on 19th December 1949, for the appointment of the guardian of the person of Khanderao and Kamal and for the appointment of the guardin of the property of Khanderao. It was alleged in the application that this step-mother, i.e., Rakhama, was in possession of the estate of Kacha, and that the management was detrimental to the interest of the minor son. Besides the property which I have mentioned above, the application mentions considerable moveable property in Schedule B consisting of out standings. In the application, the total value of the property is stated to be Rs. 65,065.

(3.) Rakhamabai opposed the application. Her contentions were that the application was not/ maintainable in view of Section 9, Guardians and Wards Act, that her management was efficient, that she had an undivided one-third share in the estate of Kachu, and that if the property was given in be management of the Deputy Nazir, the same would be neglected and that the application was made at the instigation of parsons hostile to opponent Rakhama.