High CourtsDivision Bench(1905) 11 MAD CK 0017

Lakshumi Ammal vs Seerangathammal

Madras High Court · Decided on 23 November 1905 · Citation: (1906) ILR (Mad) 310

HON’BLE JUDGES
Moore, J · Benson, J

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Judgment

8 paragraphs · 168 words
1.

We think that the District Judge is in error in refusing to entertain the petition on the ground that it is not admitted that the alleged lunatic is

possessed of any property If that were a sufficient reason the jurisdiction of the Court could be ousted in every case by the respondent simply

refusing to admit that the lunatic has any property. No doubt it is necessary as a pre-requisite to the Court taking action that the Court should be

satisfied that the alleged lunatic has property.

2.

The petitioner alleges that the lunatic has property, and the respondent denies it. Obviously it is necessary for the District Judge to enquire, it

may be summarily, and to decide whether or not the lunatic has property, and in case he decides in the affirmative the District Judge should

proceed to take further action in accordance with law.

3.

We set aside the order of the District Judge with costs and remand the petition for disposal according to law.