High CourtsDivision Bench

B. Tirapayya Minor by guardian T. Ganjayya vs Mallidi Ramaswami

Madras High Court · Decided on 28 February 1913 · Citation: 19 Ind. Cas. 362 : (1913) 24 MLJ 428

HON’BLE JUDGES
Bakewell, J
ACTS & SECTIONS REFERRED
Limitation Act, 1908 — Section 21
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Judgment

7 paragraphs · 165 words

Bakewell, J.—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.