The learned District Judge has dealt with the petition only with regard to the welfare of the minor, although under Sect. 19, Guardians and Wards Act, when the minor's father is living, no other guardian can be appointed unless he is in the Court's opinion unfit for appointment. Vide Andiappa Pillai v. Nallendram Pillai(1). We must set aside the decision and ask the District Judge to readmit the petition and dispose of it again in the light of the foregoing after considering and recording a finding as to the fitness of the petitioner, the minor's father, for the guardianship. Costs to date will be costs in the case.
Appeal allowed.