Patna High Court
Mahanand Missir vs Dasrath Missir And Bacha Pandit on 24 June, 1918
Equivalent citations: 46IND. CAS.815, AIR 1918 PATNA 609(1)
JUDGMENT Mullick, J.
1. It appears that the learned District Judge appointed the appellant, Mahanand Missir, guardian of the property of the minor Ambika Missir on condition that he gave security. At the same time the learned District Judge appointed one Dasrth Missir guardian of the person of the minor. Since the order of the District Judge, Dasrath has died and consequently so far as the guardian of the person of the minor is concerned, the office is vacant; but it is contended on behalf of Mahanand Missir, who appeals to us, that the order appointing a guardian in respect of the property of the minor was illegal inasmuch as the minor was a member of an undivided Mitakshara family and had no separate property of his own. This contention is correct [see the judgment of their Lordships of the Privy Council, Gharibullah v. Khalak Singh 25 A. 407 : 30 I.A. 165 : 5 Bom. L.R. 478 : 7 C.W.N. 681 : 8 Sar. P.C.J. 483 (P.C.)]. The order, therefore, appointing Mahanand Misser as guardian of the property of the minor will be set aside. So far as the guardianship of the person is concerned, Dasrath being dead, no orders are necessary.
Thornhill, J.
2. I agree.