SHAKEEL AHMAD Vs. SHAMSHER ALI

JUDGEMENT

(1.) Since both the appeals arise out of the same order and between the same parties, as such, they are being decided by a common order. Heard.

(2.) Learned Counsel for appellant submits that the appellant is the real brother of the father of minor children and, as such, he is nearer in relationship in comparison to Shamsher Ali who is maternal uncle of the minors, therefore, he has a right to be appointed as guardian of the minors as well as to their property in question.

(3.) It is also submitted that the welfare of the minors would be better under the guardianship of the appellant as they would be better looked after in his guardianship, therefore, he should be appointed as their guardian. The learned Court below has wrongly rejected the application preferred by the appellant registered as Misc. Case No. 35 of 2011 without properly considering the contention raised therein.