Decided on January 12,1973

Syed Sadnur Ali Appellant
Syeda Chandbanu Begum Respondents


Baharul Islam, J. - (1.) THIS appeal under Section 47 of the Guardians and Wards Act. is directed against the order dated 29 -9 -70 passed by the District Judge, Gauhati, in Misc. (Guardianship) Case No. 5 of 1969.
(2.) THE appellant was the petitioner. His case is that his eldest son, Syed Mahtab Hussain, died on 28 -2 -1968 leaving behind him the petitioner, his widow Syeda Chandbanu Begum (Respondent), two minor children. Syed Nural Islam aged about 7 years and Sayeda Renu Begum aged about 4 1/2 years and five brothers and four sisters. Deceased Mahtab Hussain was a teacher of an M. E. School and died leaving behind about 22B. 4K. 17 Lechas of land worth Rupees 7300/ -, an amount of Rs. 1015.64 paise in the Provident Fund Account, an amount of Rs. 528.37 paise in the Postal Savings Bank account, and an amount of Rupees 5,000/ - in an Insurance Policy. The petitioner's case is that after the death of his son, his daughter -in -law the respondent has left his home and is living in her father's home with the two minor children. He alleges that for the proper maintenance and education of the two minor children and for proper management of their property, the appointment of a guardian of the persons and property of the two minor children is essential and that he is a most suitable person for such appointment under the Mahomedan Personal Law. His application was resisted by the respondent on the ground, inter alia, that the petitioner has a large number of children by 3 wives, one of whom is dead, and that he was not a suitable person for the appointment.
(3.) THE petitioner examined himself and three other witnesses and the objector examined herself and four other witnesses. The evidence shows that the respondent is a young woman of about 25 years and the petitioner is aged about 60 years. The petitioner admits that he had three wives, one of whom has died and that he has a number of children by them, P.W. 2 -Sayed Farhaj Ali, P.W. 3 -Sayed Fayez Ali, and P.W. 4 -Ranjan Ali support the petitioner's case and prove that the petitioner is a man of substance. In cross -examination it was suggested to P.W. 2 that the Government sanctioned Rs. 5,000/ - to the daughter of the petitioner on the death of her husband in an explosion at Garbhanga, and that that amount was misappropriated by him, which suggestion was denied by the petitioner. The petitioner admits that he received only Rs. 900/ -.;

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