( 1 ) THIS appeal has been preferred under Section 47 of Guardians and Wards Act by Rabindra Nath Mukherjee against an order made under Section 7 of that Act rejecting his prayer to be appointed guardian of the person and property of minor Gautam Chatterjee who is his daughter's son. The parents of the minor are alive. Father of the boy who was joined as opposite party in the petition and is Respondent in this Court opposed the prayer of the petitioner appellant.

( 2 ) THE parties are governed by Dayabhag Hindu Law, and under that law undisputably father is the natural guardian of the person and property of minor son. That law still prevails under Section 12 of Hindu Minority and Guardianship Act, 1956. Appellant's claim to be appointed guardian in preference to the father of the boy who by their personal law is the natural guardian of the person and property of the minor is based on the history of the boy's life who is now about 12 years old, being born in 1959.

( 3 ) IT is the admitted case of both parties that soon after the boy was born, he was brought to the house of his maternal grandfather and was brought up there and has been living there. Reason for that