KANTETI SASTRULU Vs. MADUPALLI VENKATESWARA RAO

JUDGEMENT

(1.) The question referred to the Full Bench is whether a Court can appoint a guardian to a minor in respect of trust properties.

(2.) The circumstances under which this revision petition arises are these. One Kantheti Anjaneyulu founded "Anjanoya Dasa Sri Ramanuja Kootam", endowed some properties to the institution and constituted himself a trustee. Under the settlement deed making the endowment, he made a provision that the trusteeship should vest in his family hereditarily. Under the same instrument, the founder appointed the present petitioner the guardian of his minor son to manage the trust properties. Alleging that the present petitioner was misappropriating the income from the institution and mismanaging its affairs, the present respondent (a close relation) moved the District Court, Krishna, under Section 39 of the Guardians and Wards Act for removal of the petitioner and to appoint a fit and proper person "as the guardian for the minor hereditary trustee" and for other incidental reliefs.

(3.) A preliminary objection was taken to the maintainability of that petition on the ground that the properties to he managed by the guardian did not belong to the minor. The objection was overruled by the District Judge who thought that the petition was sustainable and that it was competent for the court to go into the merits of the petition. This revision petition is against the order of the District Judge on the preliminary issue.