MAIJUDDI HAZI Vs. MOULVI TOFAILADDI

JUDGEMENT

(1.) The alleged lunatic in this case is one Dengar Sheikh. The respondent, one Moulvi Tofailaddi, a paternal cousin of the second degree (his grandfather and Dengar Sheikh's grandfather having been two brothers) applied on 26 May 1928 in the Court of the District Judge of Faridpur for an order for his own appointment as guardian and manager of the person and properties of Dengar Sheikh and for an order for sale of a portion of his properties for his maintenance, on the allegation that the said Dengar Sheikh was a lunatic. The application was a verified one. He named in the application the two daughters of Dengar Sheikh as his relations, and notices were served on them. The District Judge, on 25th September 1928 ordered a commission to issue on the Munsif, first Court, Madaripur, for inquiry and report as to the mental condition and capacity of the. alleged lunatic. The appellant, a cousin brother of Dengar Sheikh (being his father's sister's eon), and another daughter of Dengar Sheikh, on 28 November 1928, applied to the District Judge for time to file objection, and complaining of non service of notices on them. The Munsif saw the alleged lunatic who was produced for his personal examination. What he did may be gathered from the report dated 13 February 1929 which he submitted. He says thus: The alleged lunatic was produced before me for my personal examination, but he did not answer any question put to him but muttered something which was inaudible. In these circumstances under Section 5, Lunacy Act, I appointed the local Sub-Assistant Surgeon to examine the alleged lunatic and desired to have a report from him as to the mental condition and capacity of the alleged lunatic. His report in the form of a certificate dated 11 February 1929 shows that Dengar Sheikh, the alleged lunatic, is of unsound mind. In these circumstances I am of opinion that Dengar Sheikh, the alleged lunatic, is of unsound mind and is a lunatic.

(2.) It appears also that before the Munsif Tofailaddi examined himself as a witness and the appellant Moizuddi Haji put in a petition asserting that the alleged lunatic was of unsound mind. When the Munsif's report was received on 2 March, 1929 the appellant filed a petition for time to produce witnesses. The District Judge then passed the following order: I cannot quite follow on what point the objector wants to produce evidence. He will submit by 11 March; (1) whether he wants the alleged lunatic to be really a lunatic, (2) whether ho wants himself to be the guardian and manager of the alleged lunatic.

(3.) On 11 March 1929 the appellant Moijuddi Haji put in a petition stating that he was a fit and proper person to be appointed guardian and praying to be appointed as such. Thereafter the case being adjourned it was eventually taken up on 3 May 1929, when, refusing an application for adjournment filed on behalf of the appellant and examining the respondent Tafailaddi, the learned Judge; appointed the latter as guardian of the person and manager of the properties of Dengar Sheikh. From this order the present appeal has been preferred.