K.B.N.SINGH, J.

1. This appeal is against an order dated the 25th September, 1973, of the District Judge of Purnea, removing the appellant from guardianship of the person and property of Smita Agrawal, minor daughter of the late Alok Kumar Agrawal, and cancelling the order dated the 18th January, 1972, appointing the appellant as guardian.

2. On the 7th February, 1971, in a motor car accident, the father of the minor, Alok Kumar Agrawal, her mother Manju Agrawal, her younger brother Sribardhan Agrawal, her grand-father Krishnakumar Das, and her grand-mother, Raj Kumari Devi, died leaving Smita Agrawal, the sole survivor in the branch of Krishna Kumar Das. The appellant is the wife of Nirmal Kumar Das, brother of Krishna Kumar Das, who had separated from the latter during his life time. The minor, Smita Agrawal, escaped from the catastrophe, as she was living at Calcutta with the respondents, her maternal grand-mother (Nani) and maternal uncle (Mama), where she was prosecuting her studies in Modern High School.

3. After about 9 months of the aforesaid car accident, on the 18th November, 1971, the appellant, Lakshmi Devi, a grand-paternal-aunt of the minor, filed an applicati