BALWANT SINGH Vs. HARDEEN

JUDGEMENT

(1.) This is an appeal by two plaintiffs, and arises out of a suit brought by them for a declaration that the surrender of certain ex-proprietary holdings belonging to them effected by their certificated guardian Badlu Singh, was not binding on them, and was ineffectual to terminate their rights as tenants in those holdings.

(2.) There is no controversy about the facts and they are shortly these: Badlu Singh was appointed guardian of the minor plaintiffs by the District Judge. With the permission of the District Judge Badlu Singh transferred certain zemindari properties belonging to the plaintiffs to the defendant-respondents in February and March 1920. On the sale being effected, the minors acquired ex-proprietary rights in the sir lands that appertained to the share sold. On the 9 of July 1920, an application for surrender of the ex-proprietary holdings, that came into existence on the sale of a zemindari share, was filed by Badlu Singh, the guardian of the plaintiffs in the Court of the Tahsildar, and the proposed surrender was accepted by the defendants-respondents on the 6 of October 1920. It has been found by the lower appellate Court that the defendants-respondents have been in possession of the holdings not from the date of the surrender but from the date of the sale in their favour.

(3.) Two years after the surrender one Phul Singh applied for the removal of Badlu Singh from guardianship.