Madras High Court
Sultan Ahmad Ali Rajah Avergal Of ... vs Arakkal Adi Rajah Cheria Ayissa Bibi ... on 24 January, 1916
Equivalent citations: 33IND. CAS.106, AIR 1917 MADRAS 691(1)
JUDGMENT
1. Though the properties belonging to the lunatic in common with his brothers and sisters cannot wholly belong to the lunatic's estate, and though the guardian of the lunatic cannot claim the right to manage those properties on behalf of the sub-tarwad of the lunatic on the ground that the lunatic, if of sound mind, would have had such right, the lunatic has some beneficial interest in those properties as a member of the sub-tarwad and hence they cannot be wholly excluded from consideration in deciding what the estate of the lunatic is.
2. The District Judge's order will be modified by appointing the appellant as guardian of the estate of the lunatic (section 71 of the Indian Lunacy Act, IV of 1912) without mentioning in the order what properties are to be included or excluded.
3. There will be no order as to costs.