NARAYAN BALAJI NAGARKAR Vs. KASHIBAI KESHAV DAND-NAIK

JUDGEMENT

(1.) The question for determination in this case is whether the present suit is barred by reason of anything contained in Sections 35 and 36 of the Guardians and Wards Act (Act VIII of 1910).

(2.) On October 1st, 1900, Keshav the deceased husband of the plaintiff was left as the sole surviving male member of his family, and became owner of the family estate. Balaji, father of the defendants, who was Keshav s maternal grand-father, assumed the management, as Keshav was a minor, and on July 7th, 1902, he was appointed guardian of the minor s property under the Guardians and Wards Act by the District Court of Poona. He continued to act as guardian up to the death of Keshav in September 1906. After Keahav s death Balaji continued to manage the estate on behalf of the minor plaintiff and on June 26th, 1907, he was appointed guardian of the property by the District Court. Balaji died in July 1907.

(3.) In this suit the plaintiff prays for an account for the whole period during which Balaji was in charge of the .estate, viz., from October 1st 1900 to the date of his death. That as against Balaji she would be entitled to an account is not disputed: the sole question is whether she is bound to proceed under the special Act, or whether she haw also a remedy apart from that Act. It is necessary in the first place to distinguish as to the capacity in which Balaji was from time to time managing the property- I. From October 1st, 1900, to July 17th, 1902, Balaji was not a guardian appointed by the Court. II. From July 17th, 1902, up to Keshav s death in September 1906, he acted as the guardian of Keshav s property duly appointed by the Court, and it is to be observed that he, on July 21st, 1902, gave a bond as provided by Section 34(a) to duly account. III. From the date of Keshav s death in September 1906 until his appointment as guardian of the minor plaintiff on June 26th, 1907, Balaji was again in charge, not as a guardian duly appointed by the Court but in his private capacity. IV. From June 26th, 1907, until his death in July 1907, Balaji was in charge of the estate of the minor plaintiff as her guardian appointed by the Court. He gave no bond to account under Section 34(a).