JUDGMENT :

SIDDHARTH, J.

1. Heard Sri Rahul Sripat, learned Senior Counsel, assisted by Sri Ishir Sripat, learned counsels for the defendant/appellant and Sri Ashutosh Srivastava and Sri Prashant Kumar Tripathi, learned counsels for the plaintiffs/respondents and also perused the lower court record.

2. This second appeal has been preferred against the judgment and decree dated 17.09.1999 passed by IIIrd Additional District Judge, Banda in Civil Appeal No. 17 of 1998, Dashrath Singh and Another vs. Gayadin and Another, confirming the judgment and decree dated 19.03.1998 passed by Civil Judge, Senior Division, Banda, in Original Suit No. 34 of 1992.

3. The plaintiffs’ case is that he is suffering from unsoundness of mind and not in a position to decide about protection of his rights nor has capacity for the same. Plaintiff has got addicted to liquor and opium for last six months. He has become mentally disturbed. Surajdin is the elder brother of plaintiff, Gayadin and he looks after him and also protects his interest. Therefore, plaintiff has appointed him as his General Power of Attorney, holder. The interest of Gayadin and Surajdin are different. Gayadin was schizophrenic from childhoo