SITA RAM Vs. MUSAMMAT GOVINDI

JUDGEMENT

(1.) This appeal raises various important questions with regard to the true interpretation of the Guardians and Wards Act, relating to the class of matters which had become the subject of controversy between this particular ward and his guardian, and also relating to the right of appeal. There being no express, authority in this Court upon the subjects which have been raised before us, we hold ourselves free to take an independent, view of the intention of the Legislature while at the same time paying due regard to the decisions of the High Courts in other Provinces which have been relied upon in the argument on behalf of the guardian.

(2.) So far as the facts are concerned the matter is extremely simple. The controversy relates to the conduct of the guardian and the accounts filed by the guardian when the minor was still a ward. The guardian is the adoptive mother of the ward. It appears that there is a substantial dispute as to the adoption, but this, for the purpose of this appeal, is immaterial--there being no question as to the adoption, while the minor was her ward and continued to be her ward until he reached his majority. The minor was possessed of certain property, and the dealings by the guardian of the estate of the minor came from time to time before the District Judge. Substantially we are only concerned with two orders made by the District Judge, namely, one of the 4 of August of last year and a more or, less consequential order, which is the one under, appeal, made on the 11 of October, 1923.

(3.) On the 4 of August certain accounts, which the guardian had been no doubt previously ordered to file, came before the learned Judge for consideration. For the present it is only necessary to refer to three matters contained in those accounts. There was some question with regard to some movable articles, which is not now before us at all. Secondly, there was a question with regard to certain expenditure on the minor's marriage; and thirdly there was a question with regard to the expenditure by the guardian upon certain repairs to property; the two latter of course affecting the balance due from the guardian which she would be required to hand over upon the hypothesis that the items of expenditure which she had accounted for were approved by the learned Judge.