MARCI CELINE DSOUZA Vs. RENIE FERNANDEZ

JUDGEMENT

(1.) This appeal is directed against the decree and judgment in O.S. No. 133 of 1985 of the Sub Court, Kollam. Defendants 1 and 2 are the appellants and the second plaintiff and defendants 3, 4 and 6 are the respondents. .

(2.) The plaintiffs filed the above suit for setting aside Ext. Al settlement deed executed by the first plaintiff in favour of defendants 1 and 2. The suit was filed by the second plaintiff for and on behalf of the first plaintiff, on the allegation that the first plaintiff is mentally infirm and incapable of protecting his interests. According to the plaintiffs, Ext. Al is vitiated by fraud and undue influence and hence it is liable to be set aside. The plaintiffs also prayed for an injunction restraining the defendants from executing documents in respect of the plaint property.

(3.) Defendants 1 and 2 contested the suit. The second defendant filed written statement through his power of attorney. They contended that the first plaintiff is not mentally deranged, that he is capable of protecting his interests, that the suit has been laid without the consent of the first plaintiff, that no permission has been obtained from the court to institute the suit, that the second plaintiff is not the legal guardian of the first plaintiff, that Ext. A1 is valid and that the suit is not maintainable.