Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 247(3)---Extension of any enactment to Provincially Administered Tribal Area---Any law or act of Provincial Assembly could only be extended to Tribal Area by an independent notification by the Governor in the manner required by Art.247(3) of the Constitution---Where no such notification had been issued by the Governor, no law or Act of Provincial Assembly or amendment in any law would be extended to such area. (b) Guardians and Wards Act (VIII of 1890)---S. 17---Object, scope and import of S. 17, Guardians and Wards Act, 1890--­ Applicability of S,17 to lunatic not warranted---Main purpose of S.17, Guardians and Wards Act, is to safeguard the interest and welfare of minor and his property by appointment of a guardian till he attains age of majority which is 21 years in such cases---Person being admittedly of more than 50 years of age, provision of S.17, Guardians and Wards Act 1890, would not be applicable to his case. (c) Lunacy Act (IV of 1912)---- ----S. 71---Lunatic---Mode of appointment of guardian---Court empowered to appoint guardian and manager of person and property of lunatic in the Court of District Judge who could direct Collector to take such charge---Order of appointment of guardian of person and property of lunatic by Civil Court being not warranted was set aside by High Court in circumstances. JUDGMENT This is a first appeal filed by Sadbar Khan, appellant, under section 47 of the Guardians and Wards Act, 1890; against the order of Guardian Judge, Chitral, dated 23-6-1992 whereby Naseer-u-ddin, respondent No.2 herein, has been appointed as guardian of the person and property of Amir Hussain (lunatic) respondent No.l herein. 2. The brief facts necessary for the purpose of this appeal are that Naseeruddin respondent No.?., moved an application in the Court of Senior Civil Judge, Chitral. with the powers of Guardian -Judge for appointment of guardian and manager of person arid estate of Amir Hussain (lunatic) respondent No-1. on the ground that Sadbar Khan, respondent No. 1, appellant herein, who is step-brother and is residing with Amir Hussain (lunatic) in his house constructed on a land measuring Pao…

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