PALUR PULLAMMA Vs. N VENKATA SUBBAIAH

JUDGEMENT

(1.) The District Judges of Kurnool and Anantapur have referred this matter under Section 14 of the Guardians and Wards Act (VIII of 1890) in the following circumstances.

(2.) One Palur Venkatasubbayya died on 12-2-1957 leaving behind him his first and third wives, two daughters and a son by the third wife, the second wife having predeceased him. Two days before his death, he executed his fast will and testament by and under which he made provision for the marriages of his two daughters, maintenance for his two wives and bequeathed the rest of his properties to his minor son, who was then five years old. Under the will he constituted the mother of the minor, i. e., the third wife and his first wifes brother, Venkatasubbayya, as the guardians of the minor. There was a direction in the will "that the second guardian, Venkatasubbayya, should co-operate with the first guardian, Pullamma, and on her advice should, if necessary, get the promissory notes, mortgage deeds etc. renewed now and then so that they might not be time-barred and obtain fresh deeds in the name of the minor". There was a further direction in the will that the said Venkatasubbayya should maintain proper accounts relating to the amounts spent in filing suits in Courts etc., and collecting debts and that he should produce his accounts before the testators father-in-law, the minors maternal grand-father, Karanatakam Ramappa, merchant at Yadiki village and one C. V. Subrahmanyam, the manager M. M. Company, Rayalacheruvu.

(3.) Subsequently, misunderstandings arose between the mother of the minor, i. e., the first guardian, and the second guardian, Venkatasubbayya. Consequent upon it, Venkatasubbayya initiated proceedings in the District Court, Kurnool under Sections 7, 10 and 39 of the Guardians and Wards Act for the removal of the first guardian and to allow him to continue as the sole guardian. A similar relief was claimed by the mother of the minor in O. P. No. 6 of 1959 on the file of the District Court, Anantapur, i. e., for discharging Venkatasubbayya as the minors guardian and to constitute her as the sole guardian, both of the person and property.