K RAYAPPA Vs. LINGAPPA

JUDGEMENT

(1.) This appeal under S.83 of the Lunacy Act, 1912, arises from an order of dismissal of an application preferred under S.62 of that Act, made by the Dist Judge at Tumkur in Misc. Case 3 of 1972.

(2.) The application concerns the alleged idiocy or unsoundness of mind of one Koterayaswamy. The father of the said person is the applicant and the respondent is his maternal grandfather. It would appear that the alleged lunatic's mother, Adavemma died about 14 months before the date of the application. Even since his birth he and his mother had been forced to live with the respondent. There has also been litigation between the alleged lunatic and his father which had concluded with the passing of a decroe directing partition of the properties of the joint family of which they had both been members. Even since the death of the alleged lunatic's mother, he had not been cared for, or looked alter properly, although he was possessed of property. Hence the petition for an order for the appointment of the applicant as the manager of the estate of the alleged lunatic The petition has been resisted by the maternal grandfather, who, it maybe stated, had settled some property on his grandson, absolutely, and in substance, it is the management of that property that is concerned in these proceedings. We sav so because the applicant has not chosen to ask for any order regarding the custody of the alleged lunatic specifically while seeking relief regarding the management of the property.

(3.) The learned Dist Judge after notifying the parties and causing the production in person of the alleged lunatic for a preliminary examination pursuant to the provisions of Ss.40 & 41 of the Lunacy Act, concluded that in connection with the alleged lunatic, no order of any kind contemplated under Ss.65 & 67 of that Act was called for. He also concluded that the application had not been made in good faith. He, therefore, dismissed the application. Hence this appeal.