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1941 Supreme(Mad) 202

BURN
Fatima Bibi – Appellant
Versus
Shaik Peda Pentu Saheb – Respondent


JUDGMENT

Burn, J.

1. This is an appeal from the order of the learned District Judge of Guntur in O.P. No. 110 of 1938. The appellant was the petitioner before the District Court. She said that she was the maternal grandmother of three minor Mahomedan girls. She said that the youngest child was in her custody and that the two elder ones were in the custody of their father the respondent in the petition and the respondent in this appeal. The application was for the appointment of a proper and fit person as guardian of the property of the minors and for delivery of the two elder children to the custody of the petitioner. It was also prayed that the rate of maintenance for the minors may be fixed. The learned District Judge dismissed the petition holding that under Section 19 (2) of the Guardians and Wards Act he had no power to appoint a guardian of the persons of any of these minor children because their father had not been shown to be unfit to be their guardian. The amount of property left by the minors mother, the learned District Judge says, appears to be small and therefore he was of opinion that there was no necessity to appoint a guardian of the property. The maternal grandmother



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