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Radharani Debi Vs. Nibaran Chandra Mukerji - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported inAIR1929Cal512,122Ind.Cas.302
AppellantRadharani Debi
RespondentNibaran Chandra Mukerji
Excerpt:
lunacy act (iv of 1912), section 62 - application for appointment as manager of lunatic--lunatic temporarily residing in mental hospital--application filed at place of permanent residence--jurisdiction of court. - .....on the record to show that the alleged lunatic nibaran chandra mukherji has bean sent to the ranchi mental hospital and is confined there as a criminal lunatic. his wife, the appellant before us applied to the district judge for appointment as manager of his properties and did not desire to be appointed guardian of his person as the alleged lunatic was confined in the mental hospital. in the course of the proceedings before the lower court a post card said to have been in answer to a letter written by the pleader for the wife to the superintendent of the ranchi mental hospital was placed before the learned judge. that post card according to the view of the learned judge was ambiguous and as he was told that the alleged lunatic was residing at ranchi beyond the jurisdiction of his.....
Judgment:

1. In this case there is sufficient material on the record to show that the alleged lunatic Nibaran Chandra Mukherji has bean sent to the Ranchi Mental Hospital and is confined there as a criminal lunatic. His wife, the appellant before us applied to the District Judge for appointment as manager of his properties and did not desire to be appointed guardian of his person as the alleged lunatic was confined in the Mental Hospital. In the course of the proceedings before the lower Court a post card said to have been in answer to a letter written by the pleader for the wife to the Superintendent of the Ranchi Mental Hospital was placed before the learned Judge. That post card according to the view of the learned Judge was ambiguous and as he was told that the alleged lunatic was residing at Ranchi beyond the jurisdiction of his Court he held that he could not order an inquisition under Section 62, of the Act and in that view he rejected the application. It is beyond question that the alleged lunatic is a permanent resident within the jurisdiction of the Court of Birbhum. He has properties in that district and his wife seeks for being appointed guardian of his properties for the purpose of protecting those properties from being sold in execution of decrees obtained by creditors. It is true that the lunatic is at present confined in the Mental Hospital at Ranchi and for that purpose he may be held to be residing at Ranchi which is beyond the jurisdiction of this Court, but a person my have two residences. Because under certain circumstances he has been placed in the Mental Hospital at Ranchi, it cannot be said that he has abandoned his residence within the district of Birbhum. So he must be held to be a resident within the district of Birbhum notwithstanding the the fact that he is temporarily residing at Ranehi. The District Judge has, therefore, jurisdiction to take cognizance of the application and to direct an inquisition under Section 62, Lunacy Act of 1912. In our opinion, it would be quite within the competence of the District Judge to direct an inquisition to the Superintendent of the Mental Hospital for the purpose of ascertaining whether Nibaran Chandra Mukerji is a person of unsound mind and incapable of managing himself and his affairs. On the receipt of the report of the Superintendent of the Mental Hospital the learned District Judge would be in a position to pass proper orders We, therefore, set aside the order of rejection of the application by the learned Judge and send the case back for hearing in the manner stated above. We request the learned District Judge to take up the matter at his earliest convenience as this matter has been pending for quite a long time and it is absolutely necessary that it should be disposed of as quickly as possible, having regard to the fact that the properties belonging to the alleged lunatic require to be preserved. The costs of this appeal as well as of the application in the lower Court will be paid out of the estate provided the learned Judge finds upon such inquisition as directed that Nibaran Ch, Mukerji is a lunatic. Hearing fee 3 gold mohurs.


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