Law:

Section:

Guardians and Wards Act (VIII of 1890)--- ----S. 7---Constitution of Pakistan, Art. 199---Constitutional petition---Appointment of guardian of person and property of minor---Scope---Father moved application for his appointment as guardian of person and property of minors which was accepted and with the permission of court he sold their property---Guardian court recalled order passed by it with regard to permission of sale of property of minors on the ground that list of expenses/sale deed was not submitted within time---Vendees of said sale filed application that they had purchased property through sale deed and they should not be penalized for the act of guardian which was accepted and order re-calling the permission to sell the property of minors was recalled---Validity---Vendees were not party when guardian of person and property of minors was appointed---Mother of minors got recorded her consenting statement that she had no objection with regard to appointment of her husband as guardian of person and property of minors---Guardian of minors got permission for sale of property and same was sold to the applicants against consideration---Guardian was bound to submit details of expenses and sale deed but he could not submit the same---No reason, cause or justification existed for the Guardian Court to cancel the order for sale of property as sale had become final and sale deed had been executed in favour of applicants---Guardian Court had correctly passed order re-calling its previous order with regard to cancellation of permission to sell property of minors which had not prejudiced any party---Appeal was filed with the mala fide on behalf of minors through their mother as guardian of minors was appointed legally and their mother was not competent to pose herself to be the guardian of minors and prefer the appeal---Appellate Court had passed the impugned order against the facts and erroneously order of Guardian Court was set aside---He, who had sought equity, must do equity and he, who had come to the court, must come with clean hands---Guardian and his wife had not approached the Appellate Court with clean hands---Impugned passed by the Appellate Court was not…

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