LAKSHMIKUTTY Vs. MOHANDAS

JUDGEMENT

(1.) This revision arises under the Indian Lunacy Act. Indira Devi - the daughter of the revision petitioner is said to be a lunatic. Respondents herein filed an application invoking the power of the court under S.62 of the Indian Lunacy Act, hereinafter referred to as 'the Act', for directing an inquisition for the purpose of ascertaining whether Indira Devi is of unsound mind and incapable of managing herself and her affairs.

(2.) Respondents petitioners before the lower court claimed that they are consanguine brothers of the alleged lunatic. They further claimed that the mother of the lunatic is not taking proper care of the lunatic and her properties and that her interest is adverse to the alleged lunatic. Besides they say that certain properties belonging to the lunatic are being sold away to the second respondent in the petition before the lower court. In these circumstances, the respondents wanted the court to appoint the respondents, or one of the respondents or, a proper person, for the custody of the said lunatic for her better maintenance and protection of her properties.

(3.) Admittedly, Indira Devi is the daughter of deceased Murukan. Petitioners (here the respondents) claim that they are also children of Murukan in his second wife. They claim that they are relatives of Indira Devi and as such they are entitled to maintain the petition.