LAWS(P&H)-1967-1-9

LAL SINGH AND ANR. Vs. MST. CHHOTTO

Decided On January 03, 1967
Lal Singh And Anr. Appellant
V/S
Mst. Chhotto Respondents

JUDGEMENT

(1.) ONE Man Singh died leaving behind his widow, Chhoto, and two minor children from her, Maghar Singh alias Darshan Singh and Banso alias Harbans Kaur and another son named Gurjant Singh from another wife. Lal Singh is the brother of Man Singh, deceased.

(2.) ON an application by Chhoto, she was appointed guardian of the person and property of her minor son and daughter by an order dated August, 13, 1964, of the Guardian Court, Copy annexure 'A.2' After that, Lal Singh, uncle of the minors, and Gurjant Singh, step -brother of the minors seem to have realized a certain amount as mortgage money by redeeming a mortgage in which the two minors also had interest.

(3.) THERE is only one argument that is urged by the learned Counsel for the Applicant, to which the learned Counsel for the opposite side is unable to give any adequate reply, that the order of the Guardian Court is without jurisdiction because no such order could have been passed by the Court under Section 33 of Act VIII of 1890. Sub -section (1) of Section 33 of that Act says: