Shamsuddin, J.

Petitioner in O.P. (Lunacy) No. 159 of 1980 on the files of the District Court, Thiruvananthapuram is the appellant.

2. Appellant filed the above application under Ss.40,41,42,62 and 63 of Indian Lunacy Act IV of 1812 (hereinafter referred to as the act), seeking to declare that his father's sister, Pathummal Beevi Kunju is a lunatic and to appoint the petitioner as the guardian of her person and properties. There is also a prayer in the petition to declare that the decree passed in O.S.No. 91 of 1975 on the file of the Munsiffs Court, Nedumangad is void and will not bind the lunatic or her properties. The application was dismissed by the learned District Judge stating that questions were put to her by him and on a perusal of the answers given by her, he was not satisfied that she was of unsound mind. In this M.F. Appeal, appellant has challenged the order of the court below.

3. The aforesaid Pathummal Beevi Kunju is a widow. The father of the petitioner was acting as the guardian, but he passed away. It is alleged in the petition that the aforesaid Pathummal Beevi Kunju was insane for the last 25 years and that 1st and 2nd counter petitioners collusively ob