Judgment

GROVER, J.:- This is an appeal by special leave from a judgment and decree of the Kerala High Court whereby the appeal preferred by respondent No. 1 herein was allowed and the suit was dismissed. The following pedigree table will be helpful in understanding the facts:

2. The suit out of which the appeal has arisen was instituted in the name of Narasimha Bhatta who was stated to be of weak intellect by his next friend and daughter Adithiamma for a declaration that the will dated September 30, 1955 said to have been executed by him was invalid and also for the cancellation of the deed of settlement dated December 13, 1955, which had also been executed by Narasimha Bhatta in favour of the first respondent and for other incidental reliefs. The case as laid in the plaint was that the plaintiff, who was of advanced age, was suffering from diabetes for a long time and his physical and mental condition was very weak. Respondent No. 1 was at first unsuccessful in getting a will executed by him by which he bequeathed almost all his properties to the said respondent. In December 1955 he was taken to Mangalore by respondent No. 1 and there the latter managed to get executed Ext. B-3 by