JANAKBA UGAMSINH SODHA Vs. ALL CITIZEN OF INDIA

JUDGEMENT

(1.) The present appeal has been preferred against the order dtd. 31/3/2022 passed by Additional District Judge No.1, Barmer in Civil Misc. Case No.282/2021 (CIS No.63/2021) whereby the application under Sec. 8 (2) of the Hindu Minority And Guardianship Act, 1956 read with Sec. 10 of the Guardians and Wards Act, 1890 preferred by the appellants applicants has been partly allowed. Vide the order impugned, although the applicant mother Jankba has been declared the guardian of the minor wards (applicant Nos.2 to 4) but the permission to lease out the property in question (belonging to the share of minors) by the natural guardian mother has been declined.

(2.) The Court below declined the said prayer on the ground that there was nothing available on record to show the necessity why the applicant mother wanted the property to be leased out. The Court further observed that the lease in question is sought to be entered into for a period of 30 years which is a period beyond the date of attaining of the majority by the minor wards. With the finding that the applicant failed to prove that the lease in question was for the welfare of the minor wards, the Court declined the request as made by the mother.

(3.) Aggrieved against the said order, the present appeal has been preferred.