REV ROBERT WARD Vs. VELCHAND UMEDCHAND

JUDGEMENT

(1.) An application was made by one Lallu Panachand to the District Judge of Ahmedabad under the Guardians and Wards Act VIII of 1890 that the applicant might be appointed the guardian of the person of his minor brother Vadilal.

(2.) As to the main facts there is no dispute. The father of the minor died at Kapadwanj leaving two sons and a widow and property consisting of a house and shop. The sons are the applicant Lallu and the minor Vadilal. The widow was the mother of the minor. Within a year of her husband's death the widow died. Lallu thereupon sold the family house and shop and went to Broach and thence to Baroda where he embraced Christianity and became a preacher of the American Mission in that place. He was then sent as a preacher to Dhola in Kathiawar. He left his minor brother Vadilal in the Mission House. Vadilal remained there from May 1906 until February 1909. In that month he was removed by Lallu without the consent of those in charge of the Mission, Lallu having previously been dismissed from the service of the Mission. Lallu came to Ahmedabad bringing his brother with him and took service in that city. He placed his brother on the 15 of February in a Jain Boarding House, On the 15 of March by the instrumentality of one Mulji, a preacher of the American Mission, he was removed from the Boarding House to the house of Mr. Ward, a member of the Mission residing in Ahmedabad, and the following day was sent to the Mission, at Baroda where he has since remained.

(3.) The application of Lallu was made to the District Judge on the 29 th of April. At that time the minor had, therefore, been living in Baroda for nearly six weeks. For twenty-eight days prior thereto he had been living in Ahmedabad and for the preceding 21/2 years or more had been living at Baroda.