BYERS
Rama Kamath – Appellant
Versus
C. L. Lobo – Respondent
Byers, J.
1. The question of law raised in this revision petition is whether the guardian of a lunatics property appointed under Section 67 of the Lunacy Act is competent to maintain a suit after the lunatics death for the recovery of arreats of rent which accrued subsequent to her death on 19th November, 1939. The learned District Munsiff who decreed the suit in favour of the guardian, there being no dispute about the truth of the claim against the defendant, held that the plaintiff was entitled to maintain the suit by virtue of an order passed by the learned District Judge granting him permission to file suits and take out execution proceedings against the tenants of the estate. The learned advocate for the plaintiff-receiver rests his case in this Court on this order of the learned District Judge and he contends that quite apart from whether it is correct or not, it has not been challenged at any time and therefore it was not open to the defendant to contest it after the time for appealing against it had expired. I do not think there is any substance in this objection, because the order of the learned Judge was plainly one passed in the exercise of his administrative duti
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