KARUPPA GOUNDAN Vs. JAGANMANDALATHIPATHI, GOPANNA MANRADIAR, MINOR, ZAMINDAR OF PORAVIPALAYAM REPRESENTED BY THE MANAGER, COURT OF WARDS

JUDGEMENT

(1.) These two second appeals arise out of suits in ejectment instituted on behalf of a minor whose estate is under the Management of the Court of Wards. The questions of fact arising in the case are concluded by the concurrent findings of the Courts below.

(2.) The only question of law raised in these second appeals is that referred to as Point No. 1 in paragraph 2 of the lower appellate Court's judgment, namely, whether in view of the provisions of Section 52 of the Court of Wards Act, these suits are maintainable in the absence of express sanction from the Court of Wards.

(3.) I may at the outset state that I am not by any means satisfied that the provisions of Chapter VI of the Court of Wards Act are provisions which third parties can take advantage of. They are primarily meant for the benefit of the ward and not for the benefit of third parties, though some of them may impose restraints upon third parties in the interests of the ward. The provision in Section 52 can by no means be regarded as taking away the jurisdiction of the Civil Court to deal with the matter, whatever responsibility a manager might incur if he should institute a suit in contravention of the provisions of Section 52. The proviso to that section that to avoid the bar of limitation a manager may file a suit even before obtaining the sanction of the Court of Wards is itself an indication that restrictions of this kind cannot reasonably be regarded as matters going to the jurisdiction of the Civil Court. It is not however necessary to come to any final conclusion on this aspect of the matter, because the documentary evidence in the case suffices to establish that the suit has been instituted with, proper authority. The authorisation required by Section 52 is no doubt stated to be one from the Court of Wards but Section 8 provides not merely that the Court may exercise its powers through the District Collectors but also that it may confer its powers on any such Collector.