- (1.) THE appellant, mother, through minor children, namely, Arshpreet Singh and Gurukirtan Singh, being natural guardian of both, laid application under Section 29 of the Guardian and Wards Act, 1890 (for short, 'the Act of 1890') before the learned District Judge, Sriganganagar (in short, 'the learned trial Court') seeking permission to alienate the agricultural land measuring 6-10 bighas located in District Sriganganagar, Chak No.6H Choti, Patwar Halka 13G Choti, account No.476 of Murabba Nos.10, 11, 21 and 62, as well as another agricultural land located in same chak, account No.477 of Murabba Nos. 35 & 42, which were in the joint khatedari of both the minors.
(2.) THE learned trial Court, after considering the application and other materials on record, declined the prayer of the appellant and rejected the application under Section 29 of the Act of 1890. Learned counsel for the appellant, Mr. Shashi Prakash Joshi, has strenuously urged that while rejecting the petition under Section 29 of the Act of 1890, the learned Court below has not examined the matter in right perspective and as such the order is not sustainable. Mr. Joshi furhter submits that alienation of the property is in welfare of the minors and without considering this aspect of the matter, the learned trial Court has rejected the petition, more particularly, when there was no adverse interest of the appellant being mother of both the minors.
(3.) PER contra, Mr. Tak appearing for the first respondent, who is grandfather of the minors, has urged that at present the appellant is living with him and being grandfather of the minors, the respondent is very much concerned about the welfare of the minors.;