A RAMACHARLU Vs. ARCHAKAM ANANTHACHARLU

JUDGEMENT

(1.) This is an apeal against the order of the District Judge of Chittoor dismissing an application filed by the appellant under Section 67 of the Lunacy Act, to adjudge his father the 1st respondent as a lunatic and to appoint him as the manager. (The apellant is the son of the 1st respondent who is the alleged lunatic, and the 2nd respondent is his mother. It was alleged by the appellant in his petition that the properties mentioned in the schedule attached to the petition are the joint family properties of the appellant and the 1st respondent, that one Venkata Gowdu had taken advtange of the unsoundness of mind of the 1st respondent, brought respondents 1 and 2 under his influence and was managing the properties and appropriating the income from them.

(2.) As the 1st respondent was residing at a place more than 50 miles from the District Court, the District Judge directed the District Munsif of Madanapalle to hold an inquisition under Section 66 of the Lunacy Act. Accordingly the District Munsif made an enqiryand submitted a report, which was to the effect that there was no adequate proof of the unsoundness of mind, but that the 1st respondent was unable to manage his affairs by reason of feeblenss of mind and mental infirmity. The District Judge held that the 1st respondent was unable to manage his affairs by reason of unsoundness of mind though he was in a position to manage himself. But he held that the appointment of a manager of the property of the 1st respondent would be of no use because such a manager would obtain no right of management over the joint family properties.

(3.) Section 67 (2) of the Lunacy Act runs as follows: "When upon the inquisition it is specially found that the person to whom the inquisition relatesis of unsound mind so as to be incapable of managing his affairs, but he is capable of manager himsefl and is not dangerous to himself or to others, the Court may make such orders as it thinks fit for the management of the estate of the lunatic including proper provisions for the maintenance of the lunatic and of such memebers of his familyas are dependent on him for maintenance, but it shall not be necessary to make anyorder as to be custody of the person of the lunatic".