SANTHOSHKUMAR Vs. SHAJI

JUDGEMENT

(1.) The appellant is the petitioner in an application filed under Sections 50, 52, 53 and 54 of the Mental Health Act, 1987 (hereinafter referred to as 'the Act'). The relief sought in the application was to appoint the appellant as the guardian of his mentally ill step sister and also as Manager of her property which was described in the schedule. Further prayer sought was to declare the Sale Deed No. 2431/2001 of S.R.O. Nemom is null and void. The averments in brief are as follows:-

(2.) Respondents filed objection in the said application stating inter alia that they are the bona fide purchasers of the property covered under Ext. A1 and the transferor executed the deed of her free will and she was having sufficient mental capacity to execute the sale deed. They also have contended that the present petition has been filed by the appellant with ulterior motives, that too without the juncture of her husband and they prayed for dismissal of the petition.

(3.) Appellant was examined as PW1. A1 to A5 were marked on the side of the petitioner. No witness was examined and no documents were produced on the side of the respondents. The Court below dismissed the petition with cost and exemplary cost of Rs. 2,000/-.