- (1.) It appears that Nicholas Kullonas was in 1844 placed as an inmate of the private Insane Asylum at Bhowanipore, and has since then continued, first as an inmate of the private asylum, and then of the Government asylum. In 1867 the Collector of Backergunge applied to the Judge of the 24-Pergunnas, within whose jurisdiction the insane was then residing, praying that a manager to the estate of the insane might be appointed under the provisions of Act XXXV of 1858. The Judge, after making the inquiries as required by the Act regarding the state of Mr. Kullonas, passed an order on the 27th November 1867, declaring him to be insane, and directing the Collector to take charge of his estate. After this order was passed, the son and daughter of Nicholas Kullonas applied to the Judge, praying that, as they were in the management of the estate, they might be continued as managers, and the order appointing the Collector manager might be withdrawn.
(2.) After hearing what the parties had to say, the Judge held that the past management was so unsatisfactory, that their prayer could not be complied with, and their application was rejected. An appeal has been preferred, from this order, by the son and daughter of Nicholas Kullonas. Two points are raised: first, that the Judge of 24-Pergunnas has no jurisdiction in the matter, as the properties are situated in the district of Backergunge; second, that the Judge has decided upon the management of the estate, and pronounced that the applicants are not qualified to act as managers, without looking into the evidence which they adduced.
(3.) On the first point we refer to Section 2, Act XXXV of 1858, and we see that the words are:-- "Whenever any person, not subject to the jurisdiction of the Supreme Courts, who is possessed of property, is alleged to be a lunatic, the Civil Court, within whose jurisdiction such person is residing, may, upon such application as is hereinbefore mentioned, institute an enquiry for the purpose of ascertaining whether such person is, or is not, of unsound mind, and incapable of managing his affairs.";