PATUBALA DASSI Vs. KUNDALINI DASSI

JUDGEMENT

(1.) This appeal is directed against an order passed by the District Judge of Birbhum appointing Patubala, the sister of the minor, as guardian of the person of the said minor and the Nazir of that Court as guardian of the properties of the said infant Sibadasi. Patubala who has been appointed as guardian of the person of the minor has preferred this appear against that part of the order under which the Nazir was appointed guardian of the property of the minor.

(2.) Before the lower court, there were two applications, one by Kundalini, the father's sister of the minor and another by Patubala, the sister of the minor, for being appointed guardian of the person and property of the said minor. There is now ho contest before me about the competency of Patubala to act as the guardian of the person of her minor sister Sibadasi.

(3.) The appointment of the Nazir of the Court of the District Judge as the guardian of the properties of the infant has been questioned under two heads. It is first contended that there was no application by the Nazir to be appointed as guardian and there is no mention in the records that he has consented to such an appointment. Secondly, the appointment not being of an individual but of the holder of an office, such an appointment is bad in law.