R P DAVID Vs. M THIAGARAJAN

JUDGEMENT

(1.) THESE revision petitions arise out of proceedings under the Indian Lunacy Act 1922, before the District Court, Salem. The petitioner is the same in both the petitions. The first respondent in C. R. P. 1634 of 1962 is one Thiagarajan and it will be convenient to refer to him as the respondent in this judgment. Respondents 2 and 3 in C. R. P. 1634 of 1962 are the managers appointed under the lunacy proceedings in respect of the estate of the lunatic. They are the only respondents in C. R. P. 1635 of 1962. They can be conveniently referred to in this judgment as the managers. The first respondent (Thiagarajan) in C. R. P. 1634 of 1962 is not a party to C. R. P. 1635 of 1962. C. R. P. 1634 of 1962 is directed against the order of the District Court in I. A. 401 of 1962 granting permission to the managers to sell an item of immoveable property, belonging partly to the lunatic, to Thiagarajan. C. R. P. 1635 of 1962 is against the order of the District Court in I. A. 402 of 1962 rejecting the prayer of the managers to accord sanction to sell the same property to the petitioner, one R. P. David.

(2.) I shall briefly refer to the facts and events leading upto these petitions in a chronological order as far as possible. A certain coffee estate called "the Riverdale estate" which consists of a large extent of coffee plantations and a bungalow belonged to two sisters, Miss Mary Holwell Short, and Miss Alice Edith Short, who obtained it as bequest under the last will and testament of their father. In proceedings under the Indian Lunacy Act, O. P. 34 of 1939 on the file of the District court, Salem, the former was adjudged as lunatic. By order of court dated 20-41960 one Mr. Muirhead, partner of Messrs. King and Partridge, Solicitors and one rev. E. L. Poyser were appointed joint managers to manage the estate of the adjudged lunatic. The Riverdale estate which as stated already belonged to the two sisters in equal moieties was managed by the widow and son of the deceased brother of the owners, Mrs. R. Margaret Short and Mr. John Short. John Short left for England where he settled down permanently. Mrs. Margaret Short also desired and intended to leave India for good. The managers were not in a position to manage the estate efficiently. They therefore thought it best to sell the estate and to invest the sale proceeds in so far as the half share of the lunatic was concerned, to fetch a good return for the upkeep and maintenance of the lunatic. The other half sharer of the estate also desired to sell away her interests in the property so that the maximum and the best available price could be secured. The managers were also of the opinion that having regard to the keen demand for purchase of coffee estates in general the time was propitious to sell the Riverdale estate for a good price.

(3.) THE managers filed I. A. 66 of 1961 in the court below seeking permission to sell the entire interest of the lunatic in the Riverdale estate and to invest the share of the proceeds of the sale belonging to the lunatic in such Government securities or other investments as the court may be pleased to direct. In the affidavit in support of this application for sanction the managers averred as follows: