JUDGMENT

Mya Bu, J - These appeals arise out of opposing applications under Ch. 5, Lunacy Act, The lunatic in question is a Zerbadi Mohamedan lady by the name of Ma Bibi. Appellant Dawood is her nephew, being the son of her brother Maung Ba Thein who died about 20 years ago. Appellant Ma Amina Bibi is the widow of Maung Ba Thein and mother of Dawood. Ma Khatun, the respondent, is the elder sister of the lunatic, and is therefore the nearest surviving relation of the lunatic. Ma Khatun applied to be appointed guardian of the person, and manager of the estate, of the lunatic, while Dawood applied to be appointed the manager of the estate, and Ma Amina Bibi to be the guardian of the person of the lunatic. By the order under appeal, the District Court purports to appoint Ma Khatun not only guardian of the person but also "guardian of the property" of the lunatic. The expression "guardian of the property" is inappropriate to the case, inasmuch as the Lunacy Act, while providing for the appointment of the guardian of the person of a lunatic, provides for the appointment of a manager of his estate, and not a guardian of his property. Inasmuch as Ma Khatun. is one of the legal heirs of the lunatic it is contended that the appointment of Ma Khatun as the guardian of the person of the lunatic infringes the provision of Section 72, Lunacy Act, We consider that there is force in this contention; for, the section provides that the legal heir of a lunatic shall not be appointed to be the guardian of the person of such lunatic unless the Court, for reasons to be recorded in writing, considers that such an appointment is for the benefit of the lunatic.

2. The order under appeal does disclose certain reasons, upon which the learned District Judge preferred Ma Khatun to Ma Amina Bibi for the appointment of guardian of the person of the lunatic. Although these reasons may be good enough to prefer one person to another where there is no legal impediment in either, they are, in oar opinion, quite insufficient to override the spirit of Section 72, Lunacy Act. This section operates as a kind of warning that particular care should be exercised by the Court, where a person is entitled to inherit part of the property of a lunatic and would therefore benefit by his death, to see that the appointment of such person as the guardian of the lunatic is a beneficial one: Fazl Rab v. Khatun Bibi (1892) 15 All. 29 and Amir Kazem v. Musi Imran A.I.R. 1917 All. 456. The learned District Judge has overlooked the fact that Ma Khatun's interest as an heir to the lunatic would be greater if the lunatic dies before her; whereas Ma Amina Bibi is interested in seeing that the lunatic survives Ma Khatun, as her son's interest in the estate of the lunatic would thereby be increased. This circumstance appears to be insurmountable upon grounds stated by the learned District Judge in his judgment in preferring Ma Khatun to Ma Amina Bibi who is herself not an heir. For these reasons we consider that the appointment of Ma Khatun as guardian of the person of the lunatic cannot be maintained. It is accordingly set aside, and we direct that Ma Amina Bibi, the only other applicant to the guardianship of the person of the lunatic be appointed such guardian.

3. Against the appointment of Ma Khatun as the manager of the estate of the lunatic, it is urged that her ago, her illiteracy, and her indebtedness to her son-in-law Yusoof, are matters which render her unfit, or much less suitable than Dawood, to be the manager of the estate. Bat it is quite clear that the lunatic has lived under the care of Ma Khatun during the pendency of the litigation which Ma Khatun prosecuted through Yusoof in the estate of the deceased eldest brother, Maung Maung. This litigation has been prosecuted quite successfully, and during the pendency of this litigation both Ma Amina Bibi and Da wood ware content to leave the affairs of the fanatic entirely in the hands of Ma Khatun and her agent Yusoof. Not only th