SURJIT SINGH AND OTHERS Vs. NAZIR SINGH

JUDGEMENT

(1.) BRIEFLY the facts of this case are as follows:

(2.) ARE the Defendants entitled to the refund of sale price, it issue No. 1 is proved ?

(3.) IN the Minority Act, a minor has been defined to be a person who has not completed the age of 18 years. This definition of the minor is only for the purpose of this Act. Reference to the provisions of the Minority Act would show that it is principally intended to crystallise in statutory form as to who are the persons entitled to act as the natural and testamentary guardians of a Hindu minor and particularly to impose certain limitations on the powers of such guardians in the matter of disposal of and management of the immovable property of the minor. This Act does not deal with the appointment of a Court guardian and for that purpose we have to seek the help of the provisions of Wards Act and for the definition of the minor as given in the Majority Act wherein it is provided that a minor for whose property and person a guardian has been appointed by the Court before his attaining the age of 18 years, shall be deemed to have attained Majority on his completion of 21 years and not before. As earlier observed the purpose of Minority Act is not to supersede the Wards Act but to supplement it. The view I am taking is fully supported by the decision of the Madras High Court in V.N. Swaminathan v. Angawarkanni Ammal : A I R 1964 Mad 11, and the following observations may be read with advantage: