NATARAJA PILLAI; SUNDARAMMALL Vs. SUBBARAYA PILLAI

JUDGEMENT

(1.) The lower Court s order was passed on the death of a minor to whose property it had appointed a guardian, and directed the handing over of the property by that guardian to one of those, who claimed as the deceased minor s heir.

(2.) It is urged, first, that it had no power to pass such an order and should have directed the guardian to institute an interpleader suit. But it is not shown how it had the right to give him any such direction. Section 41 (3) of the Guardians and "Wards Act (VIII of 1890) appears wide enough to cover the Court s action; and the Court in Murlidhar Natha v. Valahhdas Murlidhar 3 Ind. Cas. 172 ; 33 B, 419 ; 11 Bom. L.R. 512 appears to have acted similarly without objection being taken by the Appellate Court or the parties. In these circumstances I hold that the lower Court s action was within its powers.

(3.) It is then contended that the lower Court used its discretion wrongly. It had materials before it which it apparently considered, and we are not prepared to say that its discretion was not rightly exercised