MANOHARAN Vs. BHASKARAN

JUDGEMENT

(1.) The plaintiffs in O.S. No. 99 of 2006 on the file of the Munsiff s Court, Kuthuparamba are the appellants in this second appeal. The said suit was one for appointing the 1st plaintiff as the guardian of the person and property of his sister the 2nd plaintiff who is said to be suffering from 60% deafness. No other prayer was made in the plaint. The person arrayed as the defendants in the suit were the 3 brothers and a sister of the plaintiffs.

(2.) According to the plaintiffs, their father T.P. Kunhappa was a retired Lans Nayak in the Indian Army. After the death of their father their mother Sarada was receiving family pension to the tune of Rs. 2,300/- per month. While so, Sarada died on 17.10.2004. The 2nd plaintiff is an unmarried, unemployed lady who has no source of income and is suffering from the aforementioned disability. She is staying along with the 1st plaintiff. Defendants 1,2 and 3 are the brothers and the 4th defendant is the other sister of the plaintiffs. After the death of their mother Sarada, the Record Officer of the EME asked the 2nd plaintiff to submit a guardianship certificate obtained from a competent court for disbursal of the family pension. That has necessitated the suit.

(3.) Both the courts below held that the suit of the above nature was not maintainable . Hence this second appeal.