THANKAMMAL Vs. YESUDHAS

JUDGEMENT

(1.) Challenging the fair and decreetal order passed in M.H.O.P. No.34 of 2003, on the file of the District Court, Kanyakumari at Nagercoil, the appellant viz., Thankammal had filed the above Civil Miscellaneous Appeal. The said Thankammal had died during the pendency of the appeal and her legal representatives were brought on record as appellants 2 to 5.

(2.) The appellant filed M.H.O.P.No.34 of 2003 to pass an order of inquisition about the mental health and to appoint her as guardian of mentally ill person viz., Pushpabai to manage her properties. It is the case of the appellant that she is the sister of the mentally retarded person viz., Pushpabai and that she was taking care of her welfare. The first respondent is the elder brother of the appellant and the mentally retarded person. According to the appellant, taking advantage of the mental illness of Pushpabai, the first respondent in collusion with the second respondent fraudulently created sham and nominal documents in respect of the petition mentioned properties.

(3.) According to the appellant, the said Pushpabai became mentally retarded on 15.01.1991 and that she is not capable of managing her properties. In these circumstances, the appellant has filed the Original Petition to appoint her as the guardian of the mentally retarded person.