JUDGMENT

The plaintiff in a suit to set aside a sale deed, who was non-

suited concurrently by the Munsiff Court, Muvattupuzha, in O.S.No.377/2007, as well as by the Sub Court in A.S.No.32/2009, Muvattupuzha, has come up with the present appeal.

2. The brief facts necessary for the disposal of the appeal are as follows:

2.1. The plaintiff is a deaf and dumb person, who is incapable of representing on her own. She happened to execute a registered sale deed in favour of the 1^st defendant on 27.07.2004. When the sale deed was executed, it was done through her brother. This was probably because the recital in the document conferring the right, title and interest over the property in her favour, executed by her father, it was stipulated that whenever the property is transferred, the same shall not be done without the junction of the brother of the plaintiff. Accordingly, finding that the plaintiff was not put to notice regarding the true state of affairs, filed the suit on 26.09.2007 seeking to set aside the sale deed dated 27.07.2004.

2.2. In the suit, the 1^st defendant contended that he had already sold the property to a third person, who was impleaded as additional 3^rd defendant in the su