DHANU SINGH Vs. BIPTI DEVI

JUDGEMENT

(1.) This miscellaneous,(First Appeal) arises against order dated 12-3-1981 by which the learned District Judge Samastipur declared one Ramji Singh as of unsound mind under S.3(5) of the Lunacy Act, 1912 (hereinafter referred to as 'the Act').

(2.) The present appellant and the aforesaid Ramji Singh are relations and are grandsons of one Balak Mahto.

(3.) On 27-7-68 the respondent (Most. Bipti Devi) filed an application under Ss.62 and 71 of the Act and prayed that she be appointed as guardian of the person and manager of the properties of her husband Ramji Singh on the ground that her husband Ramji Singh was an idiot and was of abnormal state of mind having no capacity to understand and to distinguish between right and wrong. It was further stated in that application that she (the respondent in the present appeal) was managing the properties possessed by her husband and was also looking after his person. The properties claimed to be managed by her were described in Annex-A of that petition. She averred in that application that in order to meet the expenses towards the maintenance and treatment of her husband, she was in need of borrowing money from others and to dispose of some of the properties to meet the expenses and under these circumstances she prayed for being appointed as guardian of the person and manager of the properties of her husband Ramji Singh.