RAJINDER KAUR Vs. MANGAL SINGH AND OTHERS

JUDGEMENT

(1.) Mangal Singh is alleged to have executed an agreement of sale dated 2nd June, 1981 in favour of Bhagat Ram in regard to 6 Bighas 3 Biswas of land for a consideration of Rs. 39849/ - and received Rs. 9849/ - as earnest money The sale deed is alleged to have been executed on a stamped paper for which the purchaser is alleged to have given Rs. 5000/ - to the vendor. Since the vendor is alleged to have refused to get it registered, suit for specific performance of contract was filed which is still pending in the civil Court. It is long thereafter that Smt Rajinder Kaur wife of Mangal Singh filed an application under Sec. 62 of the Indian Lunacy Act, 1912 (for short 'the Act'), before the District Judge, Karnal, on 4.2.1984 for declaring that Mangal Singh is of unsound mind is incapable of managing himself and his affairs and for a direction that she or any other person found fit may be appointed as guardian for his person and property. Surprisingly Bhagat Ram was not impleaded party to the application in spite of the fact that it was known to the family of Mangal Singh that suit for specific performance was pending in the Court. On the application of Bhagat Ram he was impleaded party, who contested the application and pleaded that Mangal Singh was not a lunatic or of unsound mind and the application was filed with ulterior motive to avoid the agreement of sale and the suit for specific performance.

(2.) On the evidence led in the case, the learned District Judge, Karnal, by order dated 10.1.1936 came to the conclusion that Mangal Singh was not proved to be a lunatic or of unsound mind although he was a simpleton having slightly weak intellect and dismissed the petition. This is appeal by Salt. Rajinder Kaur.

(3.) After hearing the learned Counsel for the parties and on perusal of the record, I am of the view that there is no scope for interference in this appeal. In the application, which was presented under Sec. 62 of the Act, the only averment made was that Mangal Singh, husband of the applicant was a person of unsound mind and was incapable of managing himself and his affairs and beyond this nothing else was said in the application as to how it was concluded that he was a person of unsound mind and was not capable of managing himself and his affairs, nor it was mentioned as to since how long he was in such a stage of affairs. The averments were simply vague, indefinite and inconclusive. When the applicant appeared in the witness box, she as AW4 stated that her husband is insane for the last 20 years, This statement was made on 13th March, 1985.