' CH. MUHAMMAD TARIQ, J.---Through this petition, the petitioner has sought that the impugned order dated 17- 6-2010 passed by learned District Judge Toba Tek Singh be set aside and Zaman Khan be declared as lunatic and the petitioner be appointed as guardian of Zaman Khan.
2. Arguments heard. Record perused.
3. The operative part of the impugned order is reproduced hereunder:-- "On the last date Zaman Khan, said lunatic was summoned to appear personally. He has appeared in the court today. He is an old man and it is difficult for him to walk. A number of questions have been asked from him. He understands his benefit and loss. He has stated in the open court that his sister, the petitioner, wants to kill him. He. Also stated that he wants to live with his nephews/respondents. In these circumstances there is nothing wrong for Zaman Khan living with the, respondents. There is no need to appoint his guardian. This application is dismissed".
4. The perusal of impugned order shows that the learned District Judge Toba Tek Singh summoned the said Zaman Khan and examined him whether he is a lunatic or in his senses. During examination by the learned District Judge, the said Zaman Khan who is admittedly an old man with tender age has categorically stated before the court that he understand his benefit and loss and his sister wants to kill him. He refused that the petitioner be appointed as his guardian and preferred that he would like to live with his nephews.
5. The perusal of the statement of Zaman Khan recorded before the learned District Judge makes it very clear that the said Zaman Khan is in his senses though he is an old man with tender age and he prefers to live with respondents Nos. 2 to 4.
6. In the petition, the petitioner has stated that she is the real sister and ultimate well-wisher of her brother Zaman Khan, therefore she be appointed as his guardian. This request could not be acceded in the light of the bar provided under section 72 of Lunacy Act which provides that legal heirs of a lunatic shall not be appointed to be the guardian of such lunatic persons unless a competent court or Collector after recording reasons in writing makes an appointment. Further to decide the instant writ petition, para 4 of the grounds of writ petition is very important 'whereby the petitioner contends that Zaman Khan is owner of agricultural land in District Toba Tek Singh, District Dadu and in Tehsil Khanpur, Rahim Yar Khan. All the efforts are being made to grab the immovable property of Zaman Khan who despite in his senses is repeatedly being declared a lunatic by the petitioner.
7. In the circumstances, the said Zaman Khan cannot be compelled to live with the petitioner and at the same time in the prevailing circumstances Ghulam Fatima cannot be appointed as his guardian. The writ petition is without any force, which is dismissed in limine.