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1923 Supreme(Mad) 90

OLDFIELD, V.RAO
Sri Rajah Bommadevasa – Appellant
Versus
Sri Rajah Bommadevara Venkata – Respondent


JUDGMENT

1. This is an appeal against the order of the District Judge of Kistna dismissing a petition by the zemindar of South Vallur, headed as under the Guardians and Wards Act. It is not clear what was the particular provision of the Act the petitioner desired to proceed under, not it clear why the learned District Judge said the petitioner was proceeding under Section 7 of that Act. The first proper in the petition is that the petitioner or some other lit and proper person shall be appointed guardian of the infant and the second which is at present material is that the infant snail be removed from the custody of the respondent and placed in charge of a guardian to be appointed. It does not seem to have been recognised by those concerned that the relief which a father can appropriately claim is under Section 7, or under Section 25 not under Section 19, which has also been referred to before us The two first mentioned deal with the appointment of or declaration of a guardian, but the last applies only to persons other than the father, who, however, can apply only in case they show that the falter is unfit for the guardianship. We accordingly consider the petition directly with ref



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