IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 MFA.No. 175 of 2009(D) --------------------- (O.P (Guardian) No;95/08 on the file of I Addl District Court, Palakkad dt.16.2.09) APPELLANT(S): PETITIONER ------------------------ JOSE, S/O.MATHUNNI, 23/559, VADAKKETHALA POOVATHINGAL, PALAYAPETTA, KOPPAM DESOM, PALAKKAD. BY ADV. SRI.SAJAN VARGHEESE K. RESPONDENT(S): RESPONDETNS -------------------------- 1. P.SUSEELA, W/O.JOSE,23/559,VADAKKETHALA POOVATHINGAL, PALAYAPPETTA, KOPPAKM AMSOM, PALAKKAD. 2. P.VASU, S/O.PONNU, DOOR.NO,V/8, NAVUNJIKODE HOUSE, PUTHUR POST, PALAKKAD, 3. P.SUNDARAN, S/O.P.PONNU, DOOR NO.V/8, NAVUNJIKODE HOUSE, PUTHUR POST, PALAKKAD. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON 14/08/2009 DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A. NO: 175 OF 2009 (Guardian and Wards Act) - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th Day of August, 2009. JUDGMENT Joseph Francis J. This appeal is filed by the petitioner in O.P. (Guardian) No.95 of 2008 on the file of I Additional District Court, Palakkad. Respondents 1 to 3 herein are the respondents 1 to 3 in that petition. 2. O.P. (Guardian) 95 of 2008 is filed by the father under Section 7 and 9 of the Guardians and Wards Act, for appointing the appellant as the guardian of his minor son, Aji Jose, aged 14 and his property. The appellant herein had purchased petition A schedule property in the name of his minor son, Aji Jose, vide Ext.A1 sale deed (No. 2603/03 on the file of SRO, Palakkad) on 19.05.03 for a total consideration of Rs.1,89,000/-. The said property is situated in M. F.A. NO: 175 OF 2009 :2: Alathur Taluk, in a remote village and hence it is very difficult to managed the property. Moreover, due to scarcity of agricultural workers, water and other facilities, now a days it is not possible to do any cultivation in the above property. Under such circumstances, the appellant decided to sell the said property and he entered into an agreement for sale with one Raju, S/o. Sreedharan Pillai, Saraswathi mandiram, Aduvassery Kara South, Kunnukara village, Paravoor Taluk, Ernakulam for a total sale consideration of Rs.4,15,800/- and received advance amount of Rs.75,000/-. Ext.A2 is the sale agreement. 3. For the best interest of the minor, the appellant decided to purchase petition B and C schedule properties from its respective owners, with the sale proceeds of petition A schedule property. The total sale consideration of petition B schedule property was Rs.45,000/- and C schedule property was Rs.3,75,000/-. The appellant received an amount of Rs.3,00,000/- more as advance from the purchaser of A schedule property and collected money M. F.A. NO: 175 OF 2009 :3: from other sources and purchased the petition B and C schedule properties vide Ext.A3 and A4 from the respective owners of said properties in the name of minor Aji Jose. The appellant purchased B and C schedule properties by utilizing the sale consideration received from the proposed purchaser of A schedule property. Since the A schedule property is in the name of minor, to sell the same, permission of the court is needed and under such circumstances the appellant filed the petition. 4. The first respondent is the mother of the minor and respondents 2 and 3 are the brothers of the 1st repondent. They have no objection in allowing that petition. The appellant adduced evidence to prove that petition B and C schedule properties were already purchased in the name of the minor and the same is purchased by obtaining money from the proposed purchaser of petition A schedule property. After considering the evidence, the court below appointed the appellant as the guardian of person and property of the minor Aji Jose and granted permission to transfer by M. F.A. NO: 175 OF 2009 :4: sale the petition A schedule property. But, the appellant is directed to deposit the sale proceeds of petition A schedule property in any nationalized bank in the name of the minor, within one week from the date of sale and produce the receipt before the court. Aggrieved by the portion of the order directing the petitioner to deposit the sale proceeds of the petition A schedule property in any nationalized bank in the name of the minor, the petitioner filed this appeal. 5. Heard the learned counsel for the appellant. 6. Learned counsel for the appellant submitted that the petition B and C schedule properties were purchased in the name of the minor utilizing the money received from the proposed purchaser of A schedule property and collected from other sources. Hence it is not possible to deposit the sale proceeds of A schedule property in any nationalized bank in the name of the minor as ordered in the impugned order. Since the petition B and C schedule properties were purchased in the name of minor, the best interest of minor is safe guarded, as such, the court below ought not to have directed the M. F.A. NO: 175 OF 2009 :5: appellant to deposit the sale proceeds in the name of the minor in any bank. 7. Accordingly, this appeal is allowed and order in O.P. (Guardian) 95 of 2008 on the file of I Additional District Court, Palakkad dated 16.2.09 is modified and the direction to deposit the sale proceeds in the name of the minor in any nationalized bank is set aside. There is no order as to cost. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/