Calcutta High Court
Radharani Debi vs Nibaran Chandra Mukerji on 26 April, 1929
Equivalent citations: 122IND. CAS.302, AIR 1929 CALCUTTA 512
JUDGMENT
1. In this case there is sufficient material on the record to show that the alleged lunatic Nibaran Chandra Mukerji has been sent to the Ranchi Mental Hospital and is confined there as a criminal lunatic. His wife, the appellant before us, applied to the District Judge for appointment as manager of his properties and did not desire to be appointed guardian of his person as the alleged lunatic was confined in the Mental Hospital. In the. course of the proceedings before the lower Court a post card said to have been in answer to a letter written by the Header for the wife to the Superintendent of the Ranchi Mental Hospital was placed before the learned Judge. That post card according to the view of the learned Judge was ambiguous and as he was told that the alleged lunatic was residing at Ranchi beyond the jurisdiction of his Court he held that he could not order an inquisition under Section 62 of the Act and in that view he rejected the application. It is beyond question that the alleged lunatic is a permanent resident within the jurisdiction of the Court of Birbhum. He has properties in that district and his wife seeks for being appointed guardian of his properties for the purpose of protecting those properties from being sold in execution of decree obtained by creditors. It is true that the lunatic is at present confined in the Mental Hospital at Ranchi and for that purpose he may be held to be residing at Ranchi which is beyond the jurisdiction of this Court, but a person may have two residences. Because under certain circumstances he has been placed in the Mental Hospital at Ranchi, it cannot be said that he has abandoned his residence within the District of Birbhum. So he must be held to be a resident within the District of Birbhum notwithstanding the fact that he is temporarily residing at Ranchi. The District Judge has, there-fore, jurisdiction to take cognizance of the application and to direct an inquisition under Section 62, Lunacy Act of 1912. In our opinion, it would be quite within the competence of the District Judge to direct an inquisition to the Superintendent of the Mental Hospital for the purpose of ascertaining whether Nibaran Chandra Mukerji is a person of unsound mind and incapable of managing himself and his affairs. On the receipt of the report of the Superintendent of the Mental Hospital the learned District Judge would be in a position to pass proper orders. We, therefore, set aside the order of rejection of the application by the learned Judge and send the case back for hearing in the manner stated above. We request the learned District Judge to take up the matter at his earliest convenience as this matter has been pending for quite a long time and it is absolutely necessary that it should be disposed of as quickly as possible, having regard to the fact that the properties belonging to the alleged lunatic require to be preserved. The costs of this appeal as well as of the application in the lower Court will be paid out of the estate provided the learned Judge finds upon such inquisition as directed that Nirbaran Chandra Mukerji is a lunatic. Hearing fee three gold mohurs.