SAMI ROW JAGADAB Vs. ELIAVATHA ROW GAYABAVADU

JUDGEMENT

(1.) THE second respondent Thaji Saheb is the guardian of the person and property of the minor appointed by the will, which was made a year before the testator's death and was duly registered by him. THEre is no ground whatever for holding the will to be invalid and its provision must be given effect to as regards the property of the minor.

(2.) BUT as the second respondent Thaji Saheb is to succeed to the property on the death of the minor he has an interest adverse to him. He is not a blood relation and has never taken up the custody of the person of the minor who is only 8 years of age. The custody has, in fact, always remained with the appellant, the minor's maternal grandfather, who is a fit and proper person to be such guardian. In these circumstances we modify the order of the District Judge by appointing the maternal grandfather Sami Row Jagadab to be the guardian of the minor's person. The second respondent will pay the appellants costs in this court.