AI Structured Summary
Not yet generated for this judgment
Judgment
In this petition we are asked to interfere in revision with the proceedings of the District Judge of Tanjore requiring a de facto guardian (grand-
mother) of a minor u/s 41(3) of the Guardians and Wards Act to hand over a house as one belonging to the minor. We can find no ground for
interference. The term ""guardian"" in the sections must be understood in the light of the definitions in Section 4(2) and would include the present
petitioner. The latter was ipso facto removed from guardianship u/s 7(2) by the court''s order appointing the minor''s mother to be guardian. The
District Judge has not exceeded his jurisdiction and petitioner must be referred to a suit to establish if she can, her title to the house. We may
remark that Section 48 of the Guardians and Wards Act which refers to ""orders made under the Act"" would not cover the case of a ""requisition
u/s 41(3) of the Act; vide reference to the latter in Section 45(1)(c).
The petition is dismissed with costs.