IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT : : THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD C.M.A.No.858 of 2011 Dated:22-09-2011 Between: P.Sujatha ….Appellant. And N I L. ….Respondent. The Court made the following: THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD C.M.A.No.858 of 2011 ORDER: (per the Hon’ble Sri Justice P.Durga Prasad) This appeal is directed against the Order passed in G.O.P.No.54 of 2010 by the Principal District Judge, Kurnool on 08.03.2011. The appellant herein is the petitioner and she has filed the petition under Sections 7, 9 and 29 of the Guardian and Wards Act, 1890 to appoint her as guardian to the person and property of the minor by name Yochan Sandesh and permit the petitioner to sell the petition schedule property of the said minor. According to the petitioner, she is the mother and natural guardian of the minor Yochan Sandesh, who is aged about 13 years and studying 8th class in Narayana E-Techno School, Kurnool. The husband of the petitioner voluntarily deserted her and remarried another woman. Since October, 1997, herself and her minor son are living under the shelter, protection and mercy of her father P.Subba Rao. On 09.04.2007 the father of the petitioner P.Subba Rao executed a registered Will in respect of the petition schedule property in favour of the minor boy appointing the petitioner as guardian. The said Subba Rao died intestate. Thereafter, the petitioner constructed the upstair portion. But the land grabbers and slum people encroached and grabbed the either side of the public road near by the petition schedule house and causing obstruction to the passers-by and also causing public nuisance. Due to which, the tenants vacated the premises and nobody is coming forward to reside in the said house. The market value of the property in that locality is falling down. Apart from that the minor boy studying in Narayana E-Techno School, Kurnool and huge fee is payable and minor boy is growing child and needs financial requirement for better education to settle in the life for bright future. She is unable to lead a normal life with the meager earnings and unable to provide better education and for the welfare of the boy, she is intending to sell away the petition schedule property and keep the sale proceeds in the Fixed Deposit. The petitioner examined herself as P.W.1 and also examined the Ex-tenant of the said house as P.W.2 and got marked Exs.A.1 to A.5. The learned District Judge by taking into consideration of the said oral and documentary evidence partly allowed the petition appointing the petitioner as guardian for the person of the minor only and rejected the permission to sell the petition schedule property belonging to the minor. Aggrieved by the said Order, the present appeal is filed by the petitioner. The appellant’s counsel has pleaded that the petitioner is a natural guardian of the minor and the property was inherited under the Will from her father and in order to bear the educational expenses of the said minor boy, it is essential to sell away the property as they could not get any income from the said property as nobody is coming forward as a tenant in the said premises in view of the encroachments made near the said property. The learned District Judge by relying upon the evidence of P.W.2, the Ex-tenant of the said premises, who has stated that he used to pay Rs.2,000/- per month to P.W.1 for the ground floor portion of the petition schedule property and as the premises is having ground floor and first floor, it would fetch rents from Rs.4,000/- to Rs.5,000/- per month and the school fee of the minor boy for the academic year 2010-2011 is only Rs.40,000/- and the same can be met from out of the rents received from the said premises. The learned District Judge has not considered the evidence of the petitioner that the land grabbers and slum people encroached and grabbed the either side of the public road near the petition schedule property and causing obstruction to passers-by and also causing public nuisance. Due to which, the tenant vacated the premises and nobody is coming forward to reside in the said house. P.W.2, who is the Ex-tenant has also supported the contention of the petitioner in that regard. He has also specifically stated that his family also faced several problems by residing in the said premises due to the obstructions caused by the land grabbers; thereby he vacated the premises. Therefore, in view of the fact that the tenant has vacated the premises and nobody is coming forward to reside in the petition schedule premises and the petitioner is not able to get any income from the said property, in the interest of the minor and to meet the educational expenses of the minor, it is just and proper to permit the petitioner to sell the petition schedule premises with a direction to invest the entire sale proceeds in Fixed Deposit in any Nationalized Bank and file the proof of investment before the lower Court and she is only entitled to receive the interest accrued on the said amount for the education of the minor. The appellant’s counsel has pleaded that the petitioner may be permitted to purchase the property in the name of the minor boy with the sale proceeds. If the petitioner wants to purchase any property out of the sale proceeds, she is at liberty to approach the lower Court for necessary permission in that regard. In the result, the appeal is allowed appointing the petitioner as a guardian to the property of the minor by name Yochan Sandesh and she is permitted to dispose of the petition schedule property and invest the said sale proceeds in Fixed Deposit in any Nationalized Bank and file proof of the investment before the lower Court and she is permitted to receive the interest accrued thereon for the education of the minor. In case, if she wants to purchase any property out of the sale proceeds in the name of the minor, she is at liberty to approach the lower Court and seek appropriate permission in that regard. No costs. _______________________ JUSTICE N.V.RAMANA. _____________________________ JUSTICE P. DURGA PRASAD Dated:22-09-2011 Ksp