ANNIE BESANT Vs. GNARAYANIAH

JUDGEMENT

(1.) This is an appeal from an order made by the High Court of Madras in its appellate jurisdiction on the 29th October 1913 confirming with a variation as to costs a decree of Mr. Justice Bake well in a suit in which G. Narayaniah (the present respondent) was plaintiff and Annie Besant (the present appellant) was defendant. The decree declared that J. Krishnamurti and J. Nityananda, the sons of the plaintiff, were wards of Court and that the plaintiff was guardian of their persons, and ordered the defendant to hand over the custody of the wards to the plaintiff as such guardian.

(2.) The facts which gave rise to the action were as follows :- The plaintiff is a Hindu residing at Madras. Ha is a Brahmin but is not well off, having an income of some 160/. per annum only. He was for many years a member of a society called the Theosophical Society, of which the defendant was president, and was well acquainted with her. He had two sons, Krishnamurti and J. Nityananda, born respectively on the nth May 1895 and 30th May 1898. Early in 1910 the defendant offered to take charge of these sons and defray the Annie expense of their maintenance and education in England and at the University of Oxford. The plaintiff thought it desirable to take advantage of the opportunity thus afforded of not giving his sons a western education, notwithstanding it would entail a loss of caste. He accordingly accepted the defendant s offer, and by a letter to the defendant, dated the 6th March 1910, affected to appoint the defendant to be guardian of their persons and authorised her to act as such from that time forward.

(3.) In their Lordships opinion the principles on which the legal effect of such a letter falls to be determined do not admit of dispute.