JUDGMENT

Dated this the 30th day of June, 2020

Bechu Kurian Thomas , J.

Total deprivation, through a partition deed and a release deed, of the property of a deaf and dumb sister forced her to approach the Court to restore her rights in her property and claim partition. Suit having been decreed, the eldest sister – the beneficiary under the two documents, has come up in appeal.

2. Mary, Leelamma and Aani are sisters. Mary is the eldest and Aani, the youngest. Admittedly, Leelamma, the second amongst the sisters, is a deaf and dumb person. She is also illiterate. Mary claims to have brought up Leelamma under her care and custody, conducted her marriage and that of her daughter too. Leelamma’s conjugal life with her husband did not last long as she came back along with her daughter to Mary’s care, on account of difference of opinion with her husband. Even after the death of their mother, Leelamma continued to live with Mary.

3. On 9-3-2011, Leelamma through her daughter Manju, as next friend, filed a suit as an indigent person before the Munsiff Court, Muvattupuzha, which was later transferred and re- numbered as O.S. No.17 of 2015 on the files of the Subordinate Judge, Muvattupuzha. Alleg