JUDGMENT S.R. Bhargava, J. - This appeal is directed against order of District Judge, Allahabad dismissing an application under Section 12 of the Guardian and Wards Act for protection of minor's property. It is unfortunate that in application under Section 12 of the Act an injunction order was sought. It is equally unfortunate that the learned District Judge disposed of the application by criptive order: "In the absence of father, mother will be more favourable guardian of property of minor than uncle. Application is rejected." 2. Appellant filed a revision against the order. But there was office report that first Appeal against order should be filed and thus the appellant was compelled to convert his revision into appeal. It may be mentioned that Section 47 of the Act makes only specific orders under the Act appealable and an order under Section 12 is not appealable. Section 48 of the Act permits revision against order under Section 12 of the Act. But for finality and early disposal of the matter this Court is not inclined to further go into the question whether the impugned order is appealable or revisable. Whether an appeal lies or a revision lies, High Court can interfere. 3. Coming to the facts of the case, what appears is that Nazeer Khan died leaving behind him his young widow and minor son Mohd. Arif aged about 10 years. He had deposits in Bank as also share in agricultural land. After his death, his brother Naseer Ahmed filed application for his appointment as guardian of minor Mohd. Arif. In the application for appointment of guardian he alleged that Nazeer Khan made oral Will for appointment of Naseer Ahmed as guardian of the minor. He further alleged that mother of the minor left her husband's house and she may re-marry leaving the minor as destitute. 4. After this application Nazeer Khan moved aforesaid application under Section 12 of the Act which was disposed of as narrated earlier. 5. Being aggrieved, Naseer Khan has come to this Court. Parties have been heard at admission stage. It may be pointed out that at this stage Naseer Khan has relied upon a written Will. At this stage one need not express opinion on the merits of the case.
5. Being aggrieved, Naseer Khan has come to this Court. Parties have been heard at admission stage. It may be pointed out that at this stage Naseer Khan has relied upon a written Will. At this stage one need not express opinion on the merits of the case. But it should not be forgotten that vis-a-vis minors Court is always the guardian and should always take care for protecting the property of the minor. Minor's mother can have ?th share in the deposits. She is the best person to withdraw the money. But that money cannot be allowed to be dissipated. Mother of the minor is natural guardian and so she should be presumed to be in possession of the agricultural land of the minor. But that agricultural land cannot also be allowed to be alienated. During arguments suggestion was made to parties counsel that the mother may be allowed to withdraw the money from the Bank and deposit minor's share in a Fixed Deposit with a nationalised Bank giving the Fixed Deposit Receipt in the custody of the District Judge. It was further suggested by this Court that the mother may be restrained from alienating property of the minor without prior permission of the Court. These suggestions were favourably responded to by the counsel of the parties. 6. Hence, in result, the motion is allowed in part. Respondent No. 1 is permitted to withdraw money of Nazeer Khan from Bank and deposit share of the minor with a nationalised Bank in Fixed Deposit. She should hand over the Fixed Deposit Receipt to the District Judge, Allahabad who shall keep it in his safe custody. District Judge, Allahabad shall be at liberty to pass further orders in respect of the principal sum or interest for maintenance of the minor. Respondent No. 1 is restrained from alienating or transferring any property of the minor without previous permission of District Judge, Allahabad.