Law: Lunacy Act, (IV of 1912)

Section:

Lunacy Act (IV of 1912),   Ss. 62, 65, 69 & 3(5)-"Lunatic"--- Must be one having mental derangement making him incapable of managing his affairs-Person with weak or undeveloped intellect-- Not person of unsound mind -Woman described as simple minded"-Not a lunatic who is incapable of managing her own affairs-Factum of lunacy-Should be determined judicially-- Court to refrain from arriving at finding on basis of own personal observation. JUDGMENT   Fateh Muhammad presented an application before the learned District Judge, Bahawalpur, under section 62 of the Lunacy Act, 1912. He alleged that Mst. Zainab Bibi was a Lunatic and incapable of managing her property. The petition was contested by Mst. Zainab Bibi. The learned District Judge by his order dated the 9th of February 1963, without giving a definite finding that Mst. Zainab Bibi was a lunatic, proceeded to take action under section 69 of the said Act. He directed the petitioner to move the Collector for obtaining his consent under section 69 of the Lunacy Act for appointment as a Manager, or in the alternative to propose some suitable names for this appointment. The case was adjourned to the 7th of May 1963 and again to 21st of June 1963, when the learned District Judge passed an order that the Collector having declined to manage the estate of Mst. Zainab Bibi the parties should submit suitable names for appointment as Manager. Ultimately, the learned District Judge by his order dated the 14th of September 1963, appointed Ghulam Nabi as the Manager after considering the merits of all the persons who were proposed for this appointment by the parties. In para. 2 of his order it has been remarked "In view of the history of the case given above and my own observations as to Mst. Zainab's mental condition during her examination in Court I hold that she is of unsound mind and was incapable of managing her land though she is not dangerous to herself or to others". Two appeals have been filed against this order of the learned District Judge dated the 14th of September 1963, namely, F. A. O. No. 8/63 by Mst. Zainab Bibi while F. A. O. No. 9/63 has been filed by Fateh…