K.M. Joseph, J.

1. The appellant is the petitioner in an application filed under Sections 50, 52, 53 and 54 of the Mental Health Act, 1987 (hereinafter referred to as 'the Act'). The relief sought in the application was to appoint the appellant as the guardian of his mentally ill step sister and also as Manager of her property which was described in the schedule. Further prayer sought was to declare the Sale Deed No.2431/2001 of S.R.O,Nemom is null and void.

2. The averments in brief are as follows :-

The appellant's step sister is mentally ill for several years. The said mentally ill person is incapable of living an independent life or of guarding heavily against exploitation and incapable of managing her property. Hence an inquisition into her mental condition is required. A manager is necessary for the management of her property. A guardian has to be appointed to take care of her person.

The said mentally ill person was in possession and enjoyment of 8 cents of property comprised in Re.Sy.No.365/5 of Kalliyoor Village. The respondents are knowing very well that the appellant's sister is mentally ill. Now the respondents fraudulently executed the sale deed No.2431/01 of S.R.O Nemom with regard to the above said 8 cents of property and the petitioner came to know it on 28-10-2008.

It may kindly be noted that the said mentally ill person has no other property and it is necessary to declare the said sale deed No.2431/01 of S.R.O Nemom as null and void.

3. Respondents filed objection in the said application stating inter alia that they are the bonafide purchasers of the property covered under Ext.A1 and the transferor executed the deed of her free will and she was having sufficient mental capacity to execute the sale deed. They also have contended that the present petition has been filed by the appellant with ulterior motives, that too without the juncture of her husband and they prayed for dismissal of the petition.

4. Appellant was examined as PW1. A1 to A5 were marked on the side of the petitioner. No witness was examined and no documents were produced on the side of the respondents. The Court below dismissed the petition with cost and exemplary cost of Rs.2,000/-.

5. The court found that there is nobody examined to prove the mental ailment of the alleged person and on the other hand the document produced would show that she had undergone treatment for some ailment from the month of May 2001 onwards. The nature of ailment was not clear from the prescriptions. What is reported is 'sleep impairment'. No steps were taken for conducting any examination of the person through a medical board and no application was filed within a period of three years from the date of execution of the said deed of conveyance. The court has no power to go into the question of validity of a sale deed executed by the alleged mentally ill person in the year 2001 and the petition is filed only in the year 2009, after lapse of 8 years from the date of execution of sale deed. It also stated that while in the box appellant (PW1) had also admitted that he came to know about the delivery of possession to the respondents in the year 2001.

6. We heard the learned counsel for the petitioner/appellant Sri.Biju Balakrishnan and also learned counsel for the respondent Smt.M.Hemalatha.

7. Learned counsel for the appellant would no doubt contend that it is a clear case where the alleged mentally ill person was indeed mentally ill for a long period of time and according to him he has clarified in the cross examination itself that he was under the impression that what was created in the year 2001 was only a mortgage and that only in the year 2008, he came to know that the document was actually a conveyance (28-10- 2008). He would also point out that she was under medicines for psychiatric illness and she was in fact suffering from a serious illness.

8. Learned counsel for the respondent on the other hand would submit that there is no merit in the cas