Madras High Court
B. Tirapayya Minor By Guardian T. ... vs Mallidi Ramaswami on 28 February, 1913
Equivalent citations: 19IND. CAS.362, (1913)24MLJ428
JUDGMENT Bakewell, J.
1. The District Munsif has found that the action of the natural mother of the minor, in making the payment in question, was for the benefit of the minor and that she was in charge of His person and property at the time.
2. The guardians appointed by the with of the minor's adoptive father, and all his relations appear to have been unwilling to act as guardians, and in their default, the natural mother of the minor was, I think, the proper person, to be entrusted with his interests. The cases cited show that a person who is lawfully acting as guardian, though not legally appointed for the purpose, can bind his estate for necessary purposes, and I think that such a person is a " lawful guardian within the meaning of Section 21 of the Limitation Act 1908 when acting for the benefit of the minor. The payments made by Suramma therefore save the bar of limitation. The petition is dismissed with costs.