J.K.Tandon, J. - (1.) This is an appeal under the Guardians and Wards Act against an order of the learned District Judge, Lucknow, dated 17-5-1958, by which he imposed a fine of Rs. 10/- per day till such time as the security in the sum of Rupees 30,000/- was filed by the guardian. The facts giving rise to the proceedings out of which the present appeal arose are thus.
(2.) The applicant who is the elder brother of opposite party Samiullah was appointed guardian of the property of the latter by an order of the District Judge dated 18-3-1950. An application was made by the mother of Samiullah on 27-8-1957, asking that the guardian may be required to deposit the amount of Rs. 27,000/- which was due to the minor from the firm Haji Khuda Bakhsh Haji Faqir Bakhsh also a further sum of Rs. 1,500/- said to have been realised from the income-tax authorities on his behalf. This application purported to be under Section 43 of the Guardians and Wards Act. The appellant to whom notice was Issued on the said application filed a reply on 21-9-1957, denying that any sum of Rs. 1,500 had been realised for the minor from the income-tax authorities. With regard to the sum of Rs. 27,000/- he stated that the same was invested in the firm Haji Khuda Bakhsh Haji Faqir Bakhsh. The same day the learned District Judge decided the application of the mother. The relevant portion of his order is thus: "The guardian will also clearly state what has been the profit in this concern since his appointment in March, 1950, what amounts have been paid to each of the co-sharers and what amount, if any remains unpaid to the minor on account of his share. All the compliance may be made by October 7, 1957. The case will come up on 12-10-1957 for further orders. Orders dictated in the presence of the learned counsel for the parties." In pursuance of the above order the guardian admittedly filed an account in which he pointed out that the sum of Rs. 27,000/- was in the hands of the Mutawalli but further said that in case the Muta-walli was forced to pay the amount immediately the business in which" it was invested and which was die main property of the waqf would be paralysed. It seems that the minor is one of the beneficiaries of the waqf of which, the firm Haji Khuda Bakhsh Haji Faqir Bakhsh is also one of the properties. The minor as a beneficiary gets a portion out of the profits of the business after defraying the other charges. The stand taken by the appellant, therefore, was that the amount of Rs. "27,000/-which no doubt was due to the minor from the firm was still in the hands of the firm, i. e. the same had not been received by him.
(3.) On the accounts thus furnished by the guardian the learned District Judge made an order on 12-10-1957 recording his disinclination to invest the funds belonging to the minor in the business of the firm unless sufficient security was forthcoming. After thus recording his views he directed that ''the guardian must withdraw the investment and deposit the money in Court." On 26-10-1957 the above order was repeated giving a month's time to the guardian to deposit the amount. Admittedly the guardian failed to make the deposit whereupon the order under appeal was passed on 17-5-1958 imposing a fine of Rs. 10/-per day till such time as security in the sum of Rs. 30,000/- was filed.;