JUDGMENT

Richard Garth, C.J. - We are extremely unwilling in this case to interfere with the order of the lower Court. We believe that under the circumstances the uncle of the girl is a far preferable guardian of Inami Begum to the petitioner, the grandmother.

2. But the decision of Mitter and Wilkinson, JJ. in Fuseehun v. Kajo ILR Cal. 15 is directly in favour of the appellant; and we think that we are bound by that decision, unless we are prepared to refer the question to a Full Bench.

3. That also was a case decided und9r Act IX of 1861. The plaintiff was the maternal grandmother of the minor, a girl aged 12 years, who had attained puberty. The parties who claimed to be guardians were, first, the mother of the minor, who, as in this case, had married again, and was disqualified from being guardian; and, secondly, the paternal uncles of the minor. The Court held that, though under Mahomedan law the uncles would be the proper guardians, Section 21, Regulation X of 1793 (applicable to minors under the Court of Wards), and Section 27^* of Act XL of 1858 (applicable to other minors), read together, prohibited the appointment of anyone but a female to be the guardian of a female. The girl