NAGENDRA PRASAD SINGH, J.

1. This appeal has been filed on behalf of the defendants for setting aside an order dated 12th Jan. 1977, passed by the Subordinate Judge, Purnea, restraining the defendants from settling or harvesting the standing crops from the eight annas share out of the total properties, which are the subject-matter in dispute.

2. The appellants are defendants in the said suit. Appellant No. 1 is a minor, and she has filed this appeal under the guardianship of appellants 2 and 3, who are her maternal grandmother and maternal uncle, respectively.

3. This case has a long history and certain facts have to be stated. On 7-2-1971, in a motor-car accident, one Krishna Kumar Das, his wife Raj Kumari Devi, his son Alok Kumar Agarwal, his daughter-in-law Manju Agarwal, and his grandson Sribardhan Agarwal died. Appellant No. 1 is the minor daughter of the aforesaid Alok Kumar Agarwal and grand-daughter of aforesaid Krishna Das. In order to appreciate the relationship between Appellant No. 1 and the plaintiffs the genealogical table is reproduced below: -

Jyoti Kumar Das and Bina Agarwal, who were brother and sister of Alok Kumar Agarwal, however, died before the aforesaid accident. After the death of virtually all the members of the family of Krishna Kumar Das, Appellant No. 1 became the heir of the interest of Krishna Kumar Das, and the properties which were left behind by him and his son were inherited by her as a minor heir. As during the relevant period the minor Appellant No. 1 was residing in Calcutta within the jurisdiction of the City Civil Court at Calcutta, in April 1971, an application was filed in the Court of the Chief Judge, City Civil, Court, Calcutta by appellants 2 and 3, who as already stated above, happened to be her maternal grandmother and maternal uncle, for being appointed as the guardian of the minor. A case was registered on that application. Notice of that application was issued to the plaintiffs respondents as well as to Srimati Lakshmi Devi, wife of plaintiff-respondent No.1. That application had been filed under the provisions of the Guardians and Wards Act (hereinafter referred to as the Act), and the details of the properties belonging to the minor had been given. It has been stated that later a petition for amendment was filed making certain amendments in the list of the properties which was allowed by learned Judge of the City Civil Court at Calcutta. Plaintiffs and aforesaid Lakshmi Devi appeared in the aforesaid proceeding before the learned Judge of the City Civil Court, Calcutta.

4. During the pendency of the proceeding before the City Civil Court, Calcutta, Lakshmi Devi, wife of plaintiff respondent No. 1, filed an application on the 18th Nov. 1971 before the District Judge, Purnea, praying that she should be appointed as guardian of the person and the properties of the minor appellant, falsely stating that the minor was living with her. While the matter was pending consideration at Calcutta, on 18-1-1972 the learned District Judge appointed the said Srimati Lakshmi Devi as guardian of the person and properties of the said minor. On 3rd May 1972 an application for removal of the aforesaid Lakshmi Devi was filed on behalf of the appellants before the District Judge, Purnea, saying that she had practised fraud on the Court and by suppressing the real and correct facts, had secured an order appointing her as guardian. It was brought to the notice of the Court that the minor was living in Calcutta with appellants 2 and 3 and there an application had already been filed for appointment of guardian. The learned Judge, after hearing the parties, however, removed Lakshmi Devi who had been appointed as the guardian of the minor, by order dated 25-9-1973. Against that order Lakshmi Devi filed an appeal before this Court, which was numbered as Miscellaneous Appeal 303 of 1973. It was heard by a Bench presided over by K. B. N. Singh, J. (as he then was) and L. M. Sharma, J. The appeal was