RAMBHABAI Vs. RUKMINIBAI AND ANR.
HIGH COURT OF MADHYA PRADESH
Rukminibai And Anr.
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Samvatsar, J. -
(1.) THIS appeal arises out of a proceeding for appointment of a manager under the provisions of the Lunacy Act.
(2.) THERE is at Ujjain a shop which carries on business in the name of Chintaman Ghansiram. One Rajmal is the present owner of this shop. It is alleged, that this Rajmal is a person of unsound mind and is unable to manage his own affairs. On 19 -12 -1951 the Appellant Rambhabai who is the wife of Rajmal applied to the District Judge Ujjain to appoint a manager to take possession of the property of Rajmal and to manage the affairs. Rukminibai, the mother of Rajmal opposed the application filed by her daughter -in -law but during the course of the proceedings her counsel. reported no instructions.
The Court therefore proceeded ex parte and after recording evidence held by its order dated 19 -4 -52, that Rajmal was a lunatic and was incapable of managing his property by the same order the learned Judge appointed one Mr. Ganpatlal Gaud to act as a manager of Rajmal's property. He was authorised to take possession of (sic) property and submit its list in Court.
(3.) WHEN the manager went to take possession of 'the property, Rukminibai who had the keys of the safe, refused to open it contending that it contained her Stridhan and property belonging to her daughter Gulabbai.;
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