JEET RAM Vs. RAM KARAN

JUDGEMENT

(1.) THIS appeal has been filed under Section 4?, Guardians & Wards Act, 1890 (hereinafter to be called 'the Act') against the order of the learned District Judge, Sriganganagar dated April 21, 1989 by which he has appointed the petitioner- respondent Ram Karan as the guardian of the minor Rajesh Kumar in respect of his person and property. The facts of the case giving rise to this appeal may be summarised thus.

(2.) ON October 14, 1982, the petitioner Ram Karan filed a petition under Section 7 of the Act with the allegations, in short, that he is the maternal grand-father (nana) of Rajesh Kumar, 11 years old, son of the non-petitioner Jeet Ram who had murdered his wife and two daughters, Rajesh Kumar was not with him otherwise he would have also been murdered, Rajesh Kumar is the KHATEDAR of about ten bighas of land situated in the village Padampur, it is being cultivated by the non-petitioner Jeet Ram and he is not paying anything to the minor, the minor is being brought up and educated carefully by him and it would be in his interest if he is appointed as his guardian reply that Rajesh Kumar is his son, he is minor, he is living with his maternal grandfather and his wife and two daughters had died five years ago. The remaining allegations of the petition have been denied. It has further been averred that his wife gave poision to his two daughters, thereafter, she also took poison and, as a result thereof, all the three died. He has also averred that a case under Section 302, I. P. C. was filed against him, he was acquitted by the learned Addl. Sessions Judge, Sriganganagar, he permitted the petitioner to take the minor Rajesh Kumar and, thereafter, he did not even permit him to meet his son. After framing necessary issues and recording the evidence of the parties, the trial Court allowed the application by its order under appeal.

(3.) CONSEQUENTLY, the appeal is dismissed with costs which are assessed at Rs. 500/ -. .