SARJUG SINGH Vs. GULABO KUER

JUDGEMENT

(1.) The objectors have appealed, under Section 83 of the Indian Lunacy Act. 1912, (Act IV of 1912) hereinafter referred to as the 'Act' from the order dated 25-7-1966 passed by the learned District Judge, Muzaf-farpur, under Section 65, Clause (2) of the Act, declaring that Chaturbhuj Singh was a lunatic within the meaning of Section 3(5) of the Act, and, as such, the applicant-respondent, Gulabo Kuer, who was his own sister, had the right to file the application under Section 62 of the Act and the lunatic being incapable to manage his properties and to take care of himself, his sister, the applicant-respondent, Gulabo Kuer, should be appointed guardian of the person and manager of the properties of the lunatic.

(2.) It may be mentioned at this very stage that the lunatic, Chaturbhuj Singh, died after the above order, during the pendency of the present appeal, and therefore, the learned District Judge, on 3-1-1967 dropped the lunacy proceeding and the applicant-respondent who was appointed guardian of the person and properties of the lunatic was discharged,

(3.) The following genealogy will be useful in understanding the relationship of the parties :-- <FRM>JUDGEMENT_33_AIR(PAT)_1969Html1.htm</FRM> The above genealogy is admitted by the objectors; and the only dispute was that Gulabo Kuer was not the daughter of Ramnandan Singh and the own sister of Chaturbhuj Singh but she was the daughter of one Surajnandan of the objectors' branch. The Court below, however, has found on the evidence, that Gulabo Kuer was the daughter of Ramnandan Singh and the own sister of Chaturbhuj whose other brother Mahesh Singh predeceased him. This finding has been challenged before this Court but on the evidence it must be held that Gulabo Kuer, applicant-respondent, is the own sister of Chaturbhuj Singh.