BAHADUR SINGH CHHETRI Vs. BIR BAHADUR SINGH

JUDGEMENT

(1.) This is a defendants' appeal out of a suit brought for a declaration that a certain kobala which had been executed by one Bir Bahadur Singh 'alias' Kalika Singh Chhetri was a void one as the alleged vendor was a person of unsound mind and did not fully comprehend the effects of the acts done by him. The suit had a chequered career.

(2.) The mother of the alleged lunatic had filed a suit making herself and her son plaintiffs. She had applied for leave to sue as a pauper. She was allowed to do so. No formal leave was at the initial stage taken for the proper representation of the alleged lunatic. Such defects were cured when the suit came up for hearing before the final stage. The suit had been dismissed at one stage as no proper steps were taken. An application for rehearing was subsequently filed and the suit was revived. This is how the suit had been pending from the end of 1947 till the end of 1949 when the trial came to an end in the Lower Court. The declaration, as prayed for, has been made. The defendants, one of whom was the transferee under the conveyance, have both appealed.

(3.) The principal questions for consideration in this case are whether Kalika was a person of unsound mind and on whom would the onus lie in the facts of the present case, and what was the mental condition of Kalika at the relevant time.