SAM T. GEORGE Vs. MATHEWS T GEORGE

JUDGEMENT

(1.) This original petition is filed by the plaintiff in OS No.47/2017 of the Sub Court, Pathanamthitta aggrieved by the order in IA No.324/2018.

(2.) Plaintiff and the first defendant are the children of the second defendant. Petitioner is the plaintiff in the above suit. Suit was one for declaring the settlement deed No.355/2017 of SRO, Kozhencherry as void and consequential permanent prohibitory injunction against the defendant from dispossessing the plaintiff from the plaint item number 1 property and other ancillary reliefs.

(3.) According to the petitioner herein, the second defendant is aged and was suffering from dementia from December 2016 onwards. The first defendant was residing along with the second defendant and by exerting his influence settlement deed No.355/2017 of SRO, Kozhencherry was got executed. The suit was filed for declaring the settlement deed as null and void, arraying the first defendant as the next friend of the second defendant. However, the first defendant filed vakalath through a counsel and filed written statement and objection to the interim application. It was contended that the second defendant was not having dementia or any mental infirmity and he has signed the vakalath after conducting independent enquiry.