MT LALITA DEVI Vs. NATHUJI JOSHI

JUDGEMENT

(1.) This is a first appeal from order of the learned District Judge of Benares arising out of proceedings under Act 4 of 1912. On the application of Mt. Lalita Devi, the appellant before us, the learned District Judge directed an in question for the purpose of ascertaining whether Nathuji Joshi was a person of unsound mind and incapable of managing himself or his affairs. The application was opposed by the alleged lunatic Nathuji. The learned District Judge upon a consideration of evidence came to the conclusion that Nathuji was of weak intellect but not of unsound mind. He accordingly held that he had no power to appoint a guardian of the person of Nathuji or a manager of his estate.

(2.) Nathuji is about 55 years of age and owns some zamindari property which is valued at Rs. 11,000 and is also alleged to possess moveable property which is valued approximately at Rs. 8735. Nathuji until a few years ago lived with his brother Diwakarji who looked after him and his property. Some three years ago Diwakarji died. Mt. Lalita Devi is his niece and is the daughter of Manurathji, a cousin of Nathuji. Since the death of Diwakarji the aliened lunatic has been living with a relative named Bishwanath, son of Gopal Dat Joshi. It is alleged that Bishwanath is expropriating the income of Nathuji's property and has taken the latter under his care with dishonest motives. The learned Judge has not recorded a finding on these allegations and we have no material before us to enable us to ascertain the truth or otherwise of these allegations. We have however noticed that the alleged lunatic is very much attached to Bishwanath and is anxious to leave his estate in the hands of Bishwanath in whose favour he has already executed a power of attorney.

(3.) Nathuji was kept under observation of Lieut. Col. J.B. Vaidya, Civil Surgeon, Benares, for some time. In the opinion of Col. Yaidya the mental condition of Nathuji is not such that he can manage his affairs and that Nathuji is not a complete idiot but is bordering on idiocy. The doctor came to this conclusion after a thorough examination of Nathuji. It appears that for nearly 96 years Nathuji remained silent and did not speak to anybody. It is said that ho had taken a vow of silence. We do not think that, a person of sound mind possessed of property is likely to remain in voluntary silence for such a long time and we are inclined to agree with learned Counsel for the appellant that this conduct alone showed the weakness of Nathuji's mind and his incapacity to manage his affairs. We have perused with care the notes of Col. Yaidya taken down from time to time when he interviewed Nathuji. The doctor notes that it was extremely difficult to extract any answers to the questions put to Nathuji. Very often the answers had no relation to the questions and when Nathuji was inclined to answer he took very long time to do so. To Col. Vaidya Nathuji always appeared to be nervous, like a frightened animal and in the opinion of the doctor the mental condition of Nathuji is of low grade and poor, that is, he is of weak intelligence.