LACHMI NARAYAN Vs. NAWAB ZADA SAIYID MUHAMMAD MEHDI

JUDGEMENT

(1.) This is a plaintiffs appeal from a decree of the learned subordinate Judge of Patna dismissing their suit for administration of the estate of one Saiyid Ibrahim Hussain alias Manjhle Nawab deceased. To appreciate the points raised in this appeal, it is necessary to set out the facts in some detail.

(2.) On 9 September 1902, the Court of "Wards took charge of the estate of Saiyad Ibrahim Hussain alias Manjhle Nawab (hereinafter referred to as Manjhle Nawab) on his own application as a disqualified proprietor under Section 6(e), Court of Wards Act, and by the express terms of the section the Court of "Wards took charge only of his property and not of his person.

(3.) On 4 July 1919, Manjhle Nawab, whilst still a ward of the Court of Wards, borrowed Rs. 10,000 from the plaintiffs on a hundi at a very high rate of interest. It is common ground that the Court of Wards were not consulted as to this loan and were in no way parties to it. In the year 1922, the plaintiffs brought suit No. 163 of 1922 against Manjhle Nawab upon this hundi, and it is to be noted that he was not sued as a ward of the Court as required by Section 51, Court of Wards Act.