SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1978 Supreme(All) 505

V.K.MEHROTRA
Maikoo – Appellant
Versus
Uma Shankar Bajpai – Respondent


Advocates:
K.M. Dayal, for Appellant; Triloki Nath and M.P. Mehrotra, for Respondent.

JUDGMENT :- This second appeal is by a tenant against whom a decree for ejectment was passed by the trial court, which was affirmed by the lower appellate court. The conclusion which found favour with the courts below was to the effect that the appellant had committed default in payment of rent.

2. It is not disputed that the defendant appellant was of unsound mind when the suit was filed. The plaintiff-respondent filed an application for appointment of a guardian for the appellant. In this connection, it was proposed that Smt. Brij Rani, wife of the appellant, be appointed as guardian. The counsel for the proposed guardian had stated before the trial court that he had no objection to his client being appointed as guardian. Accordingly, the trial court appointed Smt. Brij Rani as guardian for the appellant.

3. The appointment of a guardian for a person of unsound mind is regulated by the procedure contained in O. XXXII of the Civil P. C. By virtue of R. 15 of the said order, the provisions contained in Rr. 1 to 14, so far as applicable, are also to be followed in the case of persons of unsound mind.

4. The principal submission of the learned counsel for the appellant before me has bee




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top