SAMALLA KRISHNAMURTHY Vs. SAMALA SASILA

JUDGEMENT

(1.) This second appeal is before us on a reference made by our learned brother Muktadar, J.

(2.) The defendant is the appellant. The suit is filed by the next friend and guardian of the 1st plaintiff for a declaration that the sale deed Dt. 25-5-1973 is null and void on the ground that it was executed by the 1st plaintiff who is person of unsound mind. Along with the plaint, I.A. No. 181/74 was filed by the wife under O. XXXII. R. 15 C.P.C. to appoint her as the next friend and guardian. This petition is supported by the affidavit of the wife stating that her husband was of unsound mind and was incapable of protecting his interests. Three affidavits of the persons belonging to the same village were also filed. On this material, the learned District Munsif before whom the suit was filed passed an order on 6-7-1974 directing the suit to be registered and also observed that the petition is allowed. Having passed this order, the district Munsif ordered notice to the respondents. The 1st Plaintiff died on 18-11-1974 When I.A. No. 181/74 came up for orders, the learned District Munsif dismissed the application as having become infructuous as by then his wife and minor son were brought on record as his legal representatives. Subsequently the suit was posted for trial.

(3.) The main issue in the suit was whether the sale deed Dt. 25-5-1973 was executed by the 1st plaintiff in an unsound state of mind. Several witnesses were examined on either side. On a consideration of the evidence the trial Court found that plaintiffs 2 and 3 have failed to establish that the sale deed was executed by the 1st plaintiff in an unsound state of mind. On this finding, the suit was dismissed.