AB RASHID DAR Vs. AISHA

JUDGEMENT

(1.) THIS is a motion for the admission of an appeal directed against the order dated 25 -11 -1986 passed by the learned District Judge Srinagar, removing the appellant temporarily from the management and guardianship of the property and person of the lunatic in question respectively subject to the result of the application made in this behalf Under Section 80 of the Lunacy Act.

(2.) IT appears that somewhere in the year 1975, the appellant os his own application was appointed as manager for the property of the lunatic and also as guardian of his person by the learned Additional District Judge, Srinagar. In the year, 1982. the respondent as a relation of the lunatic filed an application in the District Court for the removal of the appellant from his position as Manager and guardian for the reasons mentioned therein. The said application is still pending disposal before the District Judge. In the meanwhile, in the year,, 1985, the respondent filed another application praying for a direction to the concerned Tehslidar to collect the produce of the share of the lunatic from his tenants and deposit the same in the Food Control Department. After inviting objections from the appellant in the said application, the learned District Judge was of the opinion that some interim arrangement should be made for the management of the property of the lunatic pending disposal of the application made for the removal of the appellant. He, therefore, passed the order which is impugned in this appeal. Heard learned counsel for the parties on the admission of this appeal. This record was also perused.

(3.) MR . Qayoom firstly submitted that the learned District Judge had no jurisdiction to pass any order in the matter, muchless the order of removal of the appellant from his position. According to him, it was the court of Additional Judge alone which appointed the appellant as such, which has jurisdiction to pass any order of the kind in the case. He referred me to Section 80 of the Lunacy Act providing for removal of Manager and Guardian by the District Court which made his appointment as such.