MALINIBAI Vs. CHANDRAKALABAI HARIHAR JAHANGIRDAR

JUDGEMENT

(1.) : Respondents Nos. 1 and 2 filed miscellaneous Application No. 145/1984 in District Court, jalgaon, purporting to be an application under the Guardians and Wards Act, 1890. However, it is alleged in the application, that their brother Hanumant is a lunatic since birth. His father Madhav had expired. Mother also had expired. So, the only two petitioners are his near relatives. Wife of Hanumant also deserted him. It is contended that Hanumant is not able to take care of himself and he is also not able to take care of his property and, therefore, either of the petitioners be appointed as guardian for the person and property of Hanumant, the alleged lunatic.

(2.) THE respondents in the said matter, filed written statement and denied that Hanumant was lunatic since birth. Thereafter, an application was filed by the original petitioners, that Hanumant be produced before the Court and then he be sent to the Civil Surgeon, Jalgaon, for examination and report. The original respondents have denied that Hanumant was lunatic. This application was allowed by the Court on 9-12-1988. Thereafter, another application was filed by the original respondents for review of the order passed on 2-1-1989. But that review application was rejected by the Court. Hence, this revision petition against the order.

(3.) THOUGH the petition is styled as petition under the guardians and Wards Act, 1890, considering the entire contentions made in the petition, it is obvious that this is a petition under the Indian Lunacy Act, 1912, for appointment of guardian for the person and property of the alleged lunatic. In the petition, copy of which is appended at Exhibit A with the Civil Revision Application, it is clearly mentioned that the alleged lunatic Hanumant sometimes resides at Vardha and sometimes at Dadar, with respondents Nos. 1, 2 and 3. So, there is no statement that the alleged lunatic was residing within Jalgaon District any time before filing of the petition. Only thing is that the property in dispute is at Edlabad in Jalgaon District.