R S RAMACHANDRAN Vs. RGBALASUBRAMANIA AIYAR

JUDGEMENT

(1.) The petitioners are brothers and constituted an undivided Hindu family. The first petitioner became of age in December, 1931. The second petitioner was a minor when the proceedings out of which these petitions arise began. In 1925 the respondent was appointed guardian of the property of the petitioners. His appointment ceased on the first petitioner attaining majority in December, 1931. On this event happening, the respondent filed a petition in the Court of the District Judge of Tinnevelly asking that he be discharged from his guardianship. Thereupon the petitioners filed two counter-petitions. In one they asked the Court to assign the bond which had been executed as security for the respondent's stewardship and the other was for an order directing his accounts to be audited. The respondent's petition was granted, but the petitioners applications were both dismissed. This Court is now asked, in the exercise of its powers under Section 115 of the Civil P. C. to set aside the order of the District Judge discharging the respondent and his order refusing to direct the bond to be assigned to the first petitioner. No application has been filed against the order dismissing the petition asking for an audit.

(2.) The answer to the question before us depends on the construction to be placed on Section 41(4) of the Guardian and Wards Act, 1890. Sub-section (2) of that section states that the powers of a guardian of the property of a minor cease (a) by his death, removal or discharge; (b) by the Court of Wards assuming superintendence of the property of the ward; or (c) by the ward ceasing, to be a minor. Sub-section (3) says: When for any cause the powers of a guardian cease, the Court may require him or, if he is dead, his representative to deliver as it directs any property in his possession or control belonging to the ward or any accounts in his possession or control relating to any past or present property of the ward.

(3.) Then comes Sub-section (4) which is worded as follows: When he has delivered the property or accounts as required by the Court, the Court may declare him to be discharged from his liabilities save as regards any fraud which may subsequently be discovered.