Waller, J.

1. This is an appeal against an order appointing a guardian under the Guardian and Wards Act. A father applied under Section 10 of the Act to be appointed guardian of his minor daughters person and property and under Section 25 for an order directing the respondent to deliver her into his custody. The District. Judge appointed him guardian of the property and directed the respondent to restore the child to her father, remarking that no order as regards the guardianship of her person was necessary.

2. The conditional order of appointment as guardian of the property is of no effect: In re, Venkatesa Perumal A.I.R. 1927 Mad. 36, and must be set aside. The District Judge is not correct in saying that no order as regards the guardianship of the person was "necessary." No such order could have been passed. On this point, we agree in the view taken by Ramesam and Jackson, JJ., in Lakshma Beddi v. Vira Reddi A.I.R. 1925 Mad. 1085 and not in that taken by Venkatasubba Rao, J., in Raghavaiya v. Lakshmiah A.I.R. 1925 Mad. 398.. Mr. Rama Rao contends that no application lies under Section 25 of the Act in a case where the minor has never been in the custody of the guardian. Th