SUMATHYKUTTY AMMA KAMALAMMA Vs. NARAYANI PANIKKATHY KARTHIYAYANI

JUDGEMENT

(1.) Petitioners in O. P. No. 12 of 1969 on the file of the Subordinate Judge's Court, Kottarakkara, are the revision petitioners. The petition is one under O.33, R.1 of the Code of Civil Procedure for leave to sue in forma pauperis. The first defendant in the suit contests the matter.

(2.) The allegation in the plaint is that defendants 2 to 4 alienated an item of property in which the petitioners also are entitled to have a share, in favour of the 1st defendant. This alienation is stated to be for acquisition of the property covered by Ext. D1 in the name of the revision petitioners and others. The first petitioner is the mother and petitioners 2 to 4 are her minor children.

(3.) The revision petitioners contended inter alia that the alienation by defendants 2 to 4 was detrimental to their interests and the document under which that property was conveyed to a stranger is liable to be set aside. The prayer is that, as they are not possessed of sufficient means to pay the prescribed court fee, they may be permitted to file the suit in forma pauperis. The first petitioner gave evidence in court to establish that she is not possessed of sufficient means to pay the court fee.