N.N. Mithal, J. - (1.) THE order challenged in this appeal was passed by the Court below on an application by the guardian for permission to transfer the property of a minor.
(2.) THE appellants' grievance is that while disposing of this application the Court has neither recorded a finding that the minor was really suffering from heart ailment and required expensive treatment for it nor the Court has given necessary and complete directions as are required under Section 31 of the Guardians and Wards Act, 1890. The relevant facts in brief are; that the father of the minor having died nearly four years ago the mother and the minor are both residing with their father and maternal grand -father in an adjoining district. During these four years, the appellant No. 1 who is the real uncle of the minor, is in possession of the property and there is no evidence on record even to suggest that any profit from the income pertaining to the minors' share has been paid either to his mother or to the minor. It appears that the appellant alone is enjoying the benefits of the entire land including the share of the minor.
(3.) ADMITTEDLY , the minor is hardly seven years of age and the allegation about his heart ailment has not been specifically contested by the appellant. On the question of need the appellants' case is that instead of sale the land be given on lease to the appellant No. 1 himself and if sale is considered necessary then he himself was ready to purchase it. He, however, contended that the mother in no case be permitted to sell it. His apprehension appears to be that being hardly 35 years' old she may remarry and then misappropriate minor's entire money. He himself suggested that the Court may itself auction the property and the entire sale consideration be deposited in Court from which the mother may be allowed to withdraw only so much of the amount as may require for minors' use.;