IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 MFA(G&W).No. 78 of 2008() -------------------- OPGW.336/2006 of ADDL.DISTRICT COURT, THRISSUR .................... APPELLANT: PETITIONER: ---------------------------------------- RAJAN, AGED 49 YEARS, S/O SANKARU, KEERIYATTIL HOUSE,PONNORE DESOM, EDAKKALATHUR VILLAGE, THRISSUR TALUK, PIN 680 552. BY ADV. SRI.P.RAMACHANDRAN RESPONDENTS: ------------------------- N I L MINORS: 1. SREEMON,S/O RAJAN (APPELLANT HEREIN) AGED 16 YEARS,KEERIYATTIL HOUSE, PONNORE DESOM, EDAKKALATHUR VILLAGE, THRISSUR TALUK, PIN 680 552. 2. SNEHA, D/O RAJAN (APPELLANT HEREIN), AGED 13 YEARS, KEERIYATTIL HOUSE, PONNORE DESOM, EDAKKAIATHUR VILLAGE, THRISSUR TALUK PIN 680 552. BY THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A.(G & W) No.78 of 2008 --------------------------------------- Dated this the 18th day of June, 2008 Judgment Koshy,J. Petition is filed under section 29 and 31 of the Guardian and Wards Act by the father of the minor children seeking his appointment as a guardian for permission to effect sale of the share of the minors in the petitioner schedule property. According to the appellant, minors got the property on the basis of the settlement deed executed by him on 17.6.1999. The petition was dismissed as petitioner has not produced basic title deed regarding the property. The appellant can make a settlement deed only if the property belongs to him, but, for that, he must produce sufficient proof to show that he owns the property. If he obtained the property on the basis of a partition deed, he can produce certified copy of the partition deed. The impugned order dated 13.12.2007 is set aside. The appellant is allowed to adduce sufficient evidence to prove his title over the property for which he made settlement deed. Parties shall appear before the court below on 23.7.2008. Appellant can M.F.A. (G & W) No.78/2008 2 produce necessary documents to prove that he has got valid title to execute the settlement deed. J.B.Koshy Judge P.N.Ravindran Judge vaa M.F.A. (G & W) No.78/2008 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.F.A.(G&W) No. 78 of 2008 ------------------------------------- Judgment Dated:18th June, 2008