RAM CHAND Vs. MAHANTU

JUDGEMENT

(1.) This appeal, under section 83 of the Indian Lunacy Act, 1912 (hereinafter referred to as the Act), has been preferred against the order passed on March 3, J980 by the District Judge, Hamirpur, directing the Medical Superintendent, Mental Hospital, Amritsar, to constitute a Board of Doctors for the examination of Krishan Kumar lunatic.

(2.) One Krishan Kumar son of Shri Shanoo, resident of Tika Darbeli, Tappa Majhog Samluhi, Tehsil and District Hamirpur was declared as luna tic by the District Judge, Hamirpur, on the basis of an order passed on March 6, 1976 in a petition moved in this behalf under section 71 of the Act by Niranjan Dass respondent No. 4, who is the brother of Krishan Kumar. Respondent No. 4 was appointed as manager of the estate of Krishan Kumar enabling him to manage his property and provide for his proper maintenance and such of the members of his family as were depen dant upon him for maintenance, if any.

(3.) On December 2, 1978, respondents No. 1 and 2, who, claimed themselves to be in occupation of the agricultural property of Krishan Kumar as tenants filed a petition under section 82 of the Act seeking a declaration that the unsoundness of the mind of Krishan Kumar had ceased and he was capable of managing his affairs and as such sought a direction for removal of the manager One of the grounds mentioned in the application was to the effect that it was at the behest of respondent No. 4 that with a view to defeat their right of acquiring the proprietary rights with respect to the property held by them as tenants. Krishan Kumar was got declared as a lunatic but in fact he was capable of looking after his affairs. This application was resisted by the appellant as well as respondent No. 4 who are the brothers of Krishan Kumar. On April 9,1 79, the learned District Judge framed issues, one of which was as to whether Krishan Kumar had ceased to be on unsound mind and directed respondents No. 1 and 2 to produce their evidence. On the same day, an application was moved by respondents No. 1 and 2 praying for requisitioning the services of medical expert/Psychiatrist to examine the person of Krishan Kumar and to submit his report to the - court which respondents No. 1 and 2 prayed to be treated as an evidence in the case. On this application, an order was made presumably on the same day, calling upon Medical Superintendent, Mental Hospital, Amritsar, to examine Krishan Kumar and to submit his report to the court. Niranjan Dass, respondent No. 4, was directed to take steps for the production of Krishan Kumar before the Medical Superintendent, Mental Hospital, Amritsar on May 21, 1979 or on any other working day thereafter and the medical authorities were directed to admit Krishan Kumar in the hospital for medical examination. In pursuance to these directions, Krishan Kumar was medically examined and Dr. H. L. Sharma, Deputy Medical Superintendent, Punjab Mental Hospital, Amritsar, submitted his report, which reads as under ; - "1. Remains shabby and dirty. Cannot look after his personal hygiene. His cleanliness has to be looked after by the warders of the hospital. Has to be given bath. Can dress and undress himself, though very slowly and with difficulty. Has no toilet sense. Passes stool and urine whenever he is sitting and thus soils his clothes.