DURVURI PAPI REDDI Vs. DUVVURI RAMI REDDI

JUDGEMENT

(1.) This question petition is directed against an order of the Subordinate Judge, Nellore, given on 30/08/1966. It arises in the following circumstances: -

(2.) The respondent plaintiff Duvvuru Rami Reddi filed O. S. No. 73 of 1959 through has next friend, his daughter P. Rangamma. The next friend described the plaintiff as a person of unsound mind. The suit was for partition of the properties set out in the plaint schedules. The suit was instituted against his brother, the first defendant and others. It was inter alia alleged that the plaintiff and the first defendant are brothers and are sons of one Ranga Reddy. The plaintiff has no sons, but has five daughters. One of the five daughters is now the next friend of the plaintiff, defendants 2 to 5 being the other daughters. It was further alleged that the plaintiff was from the beginning a man of weak intellect and was not capable of managing the properties. The first defendant was looking after the same. The plaintiffs mental condition deteriorated further since 1948 and he became frequently insane. The first defendant wanted to partition the property between the plaintiff and himself but it was not accepted by the plaintiffs wife. The first defendant removed the plaintiff got a partition deed dated 26-10-1952 executed from the plaintiff and go it registered. Likewise he got another document executed on 31-12-1952 which was a settlement deed and got it registered on 2/01/1953. It was further alleged that the plaintiff was from the beginning a man of weak intellect and was constantly mentally deranged on the dates when these documents were executed and got registered. These documents, therefore, are void transactions.

(3.) The next friend while instituting the abovesaid suit filed I. A. No. 449 of 1959 on the same day when the suit was instituted under O. XXXII, R. 15, Civil P. C. for appointing her as the next friend alleging that the plaintiff is a person of unsound mind and as such incapable of protecting his interests. In support of this petition, the next friend her own affidavit and the affidavit of two other persons.