MUNAWAR KHAN Vs. TASALLI KHAN

JUDGEMENT

(1.) This is an appeal by a gentleman who was appointed guardian to two minors, Jhabbu Khan and Zaibunissa and who has bsen now dismissed from his office of guardianship, except in so far as the guardianship of the person of Zaibun-nissa is concerned.

(2.) It appears, by an order passed sometime in 1923, Munawar Khan was appointed the guardian of the person and property of Jhabbu Khan and Ziibunnissa, who are brother and sister, Zaibunnissa, although then a child of 6 had already been married to Munawar Khan's son. In 1918 one Tasalli Khan, the respondent to this appeal, put in an application before the learned District Judge of Basti for the removal of Munawar Khan from the guardianship of the minors. The charge that he brought against Munawar Khan was mainly that he mismanaged the minors property. The learned District Judge called for an account and had the same checked by a Commissioner it was found that a sum of Rs. 83 13-0 was payable by Munawar Khan. Munawar Khan had paid himself a sum of Rs. 280 on account of the maintenance charges of Zaibunnissa. This amount he took for the period of four years. The learned District Judge was of opinion that, as the father- in-law of Musammat Zaibunnissa, Munawar Khan was responsible for her maintenance, and, therefore, he was not entitled to pay himself the sum of Rs. 280. The learned Judge removed Munawar Khan, from the guardianship of the person and property of Jhabbu Khan and from the guardianship of the property of Zaibunnissa. He ordered Munawar Khan to pay back a sum of Rs. 320-14-6 to Tassali Khan who was appointed guardian of the property in place of Munawar Khan.

(3.) Munawar Khan's contention in appeal is that he should not have been called upon to refund the sum of Rs, 280 that he was entitled a proper amount of monay for the support of Zaibunnissa whose guardian he still was, and that the share of the property of Ziibunnissa should have been handed over to him for management.