MANIKA NAIKER Vs. SWARNATHAMMAL

JUDGEMENT

(1.) The amount claimed was payable under an order of the District Court by the guardian of the property of a minor to the guardian of his person for the education and maintenance of the minor. The suit is by the guardian of the person to recover the amount payable for two months against the present guardian of the property and the former guardian who alleged that the amount was paid. I do not think the suit is one for maintenance within the meaning of Article 38 of the Schedule to the Small Cause Courts Act.

(2.) The minor was solely entitled to the property and an order of Court applying a portion of the income for his support would not be maintenance paid to him by the guardian. For the purpose of Article 38 the word "maintenance" means a sum of money payable by a person under an obligation to support another, either by the general law to which he is subject or under a specific contract.

(3.) The question raised by the petitioner as to want of jurisdiction, therefore, fails.