( 1 ) THIS is an appeal under clause 10 of the Letters Patent against an order dated 16th July 1965 of Shiv Dayal J. finally disposing of an appeal arising out of proceedings under Section 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as the Act ).

( 2 ) THE facts are simple. The minor in question is a girl named Sushila who was born on 14th January 1952. When she was about six months old, her mother died. The appellant Sheokumar, who is her father, resides at Burhanpur and was employed as a peon in the Tahsil Court at Burhanpur. As he was very often required to go out of Burhanpur on duty he after his wife's death, entrusted his minor daughter to the care of the respondents Shiv-rani Bai and Rampal who were his neighbours and with whom he was on very friendly terms. The appellant and the respondents all belong to the same community, namely, Kankubja Brahmin community. After this entrustment, Sushila was looked after and brought up by the respondents. She is still in their custody. In 1963 Sheokumar asked the respondents to return the girl to him. When they refused to do so, Sheokumar on 9th April 1964 made an application under Section 25 of the Act