Malik, C.J. - (1.) This is an application tinder Sections 109 and 110, Civil P. C., for leave to appeal to the Federal Court."
(2.) One Joshi Bhawani Shankar died in the year 1931 leaving a son Joshi Ram Kishna and a widow Shrimati Rukmani Bai. Joshi Ram Kishan became the owner of the property and we are informed that he has got a son, who has now attained majority, a daughter and a wife. Joshi Ram Kishan has been in possession of the property ever since his father's death in the year 1931. On 18th December 1942, Shrimati Rukmani Bai filed an application under Section 63, Lunacy Act, for an inquisition to be made that the appellant was of unsound mind and was incapable of managing his affairs, and praying for the appointment of a guardian of the latter's person and property. This application was heard by the then District Judge, Mr. Atma Charan, who granted the application and on 27th August 1943, authorised the Court of Wards to manage the property of Joshi Ram Kishan. Against that order Joshi Ram Kishan filed a First appeal from Order No. 307 of 1943, in this Court. During the pendency of the appeal he filed a certificate from Col. Vaidya, Civil Surgeon of Banaras. The certificate was in these terms : "I have examined Joshi Ram Krishna Joshi, son of Joshi Bhawani Shankar today. I had examined him on three different occasions before this and had talked with him on his affairs and general matters. I am of opinion that his mental condition la good. He appeared to be rational and able to understand his affairs." The application filed by Shrimati Rukmani Bai under Section 63, Lunacy Act, was not accompanied by either an affidavit or a medical certificate. The result was that when the case came up for hearing in this Court on 31st January 1946, this Court allowed the appeal and sent the case back to the Court of the learned District Judge for a re-hearing of the case. The case was re-beard by the successor District Judge, as Mr. Atma Charan had been transferred, who also held on 20th September 1946, that Joshi Ram Kishan was a lunatic and was incapable of managing his property, and he again directed the Court of Wards to take possession of the property and manage the same.
(3.) It is not disputed that the property is of considerable value and the valuation mentioned in this Court is in the neighbourhood of Rs. 10 lacs.;