AI Structured Summary
Not yet generated for this judgment
Judgment
Kumaraswami Sastri, J.—The amount claimed was payable under an order of the District Court by the guardian of the property of a minor
to the guardian of his person for the education and maintenance of the minor. The suit is by the guardian of the person to recover the amount
payable for two months against the present guardian of the property and the former guardian who alleged that the amount was paid. I do not think
the suit is one for maintenance within the meaning of Article 38 of the Schedule to the Small Cause Courts Act.
The minor was solely entitled to the property and an order of Court applying a portion of the income for his support would not be maintenance
paid to him by the guardian. For the purpose of Article 38 the word ""maintenance"" means a sum of money payable by a person under an obligation
to support another, either by the general law to which he is subject or under a specific contract.
The question raised by the petitioner as to want of jurisdiction, therefore, fails.
On the merits, I see no ground to set aside the finding of the Judge as to the receipt, Exhibit I. There is, however, little to support the view of the
Judge that the 2nd defendant was a party to the fabrication. The Judge finds that the gumashta of the 2nd defendant is a worthless person"" and
possibly, the 2nd defendant was deceived by his gumashta and bona fide Relieved that the gumashta paid the guardian and got the receipt. Having
regard to the respectable position of the. 2nd defendant, who is an Executive Engineer, I do not think this passage in the judgement of the District
Munsif ought to stand. I am not prepared, to interfere with the order as to costs.
The petition fails and is dismissed with costs of plaintiff (1st respondent).