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1919 Supreme(All) 64

RYVES, TUDBALL
Musammat Sudhia – Appellant
Versus
Makka – Respondent


JUDGMENT

1. This is an appeal from an order passed by the Court below appointing the grandfather of the minor to be guardian in spite of the objection made by the appellant, who is the minor's mother. The minor is now said to be 9 or 10 years of age. The parties are Mahammadans. The property of the family consists of two buffaloes in which the mother and the other children also have shares. In the course of the proceedings the respondent, the applicant for the guardianship, stated that he did not wish to handle the property and that it might be left with the mother. The sole" ground upon which he applied to be made guardian of this minor was that the mother's brother was denying his right to be guardian. The object, therefore, of his application is not the welfare' of the minor but the vindication of his own rights to be a guardian. The minor's father died six years ago. The minor arrived at the age of seven years some three years ago. It is an admitted fact that the mother has always taken care of her children. The respondent Makka, the grandfather, has not taken any steps to benefit the minor all these years. Admittedly there are two religious factions in this caste : the mother b

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