JUDGMENT

Sulaiman, Actg., C.J. - This is an appeal by the maternal grandmother of Musammat Wajida Khatun from an order of the District Judge of Ghazipar directing that she should make over the child who was about seven years old to the respondent, her father. The mother of the girl died a few days after her birth at Sasaram which is the residence of the father, the maternal grandmother is residing in another District at Zamania. The girl was undoutedly allowed to be brought by the grandmother from Sasaram to Zamania and has for these years been maintained and brought up by the appellant. An application was made by the maternal grandmother that she should be appointed the guardian of her parson. Objections were filed by the father, the grand father as well as the paternal grandmother to the appointment of the maternal grandmother as her guardian and there was also a prayer that either of these persons be appointed a guardian of her person. The learned District Judge came to the conclusion that in view of the provisions of Section 19 of the Guardians and Wards Act he had no power to appoint a guardian at all, but he granted a separate application of the father made u/s 25 of the Act f