- (1.)THE Civil Revision Petition is filed against the order dated 06. 06. 2005 in I. A. No. 633 of 2004 in 0. S. No. 193 of 2o04 the file of the learned District Munsif, Gobichettipalayam, in discharging the Guardian.
(2.)THE petitioner is the plaintiff in the suit. The petitioner, who is the son of the first defendant/respondent has filed a suit for permanent injunction restraining the defendants 1 and 2 from selling and against defendants 3 and 4 from purchasing A scheduled property and further reliefs in respect of B scheduled property. The plaintiff and the second defendant in the suit are the sons of the first defendant and they form a Joint Hindu Family. The family owns considerable landed properties and was doing money lending business. The said business was done in the name of a firm C. P. Kandasamy Mudaliar and Sons and for income tax purpose, a partition deed was made on 02. 03. 1964, during the life time of his grand-father. The said deed is sham and a nominal document.
(3.)THE properties described as Item Nos. 1 and 2 in B schedule are constructed out of joint family funds. The respondent due to old age, physical and mental weakness became incapable of managing the suit properties from 1997 and that he was taken care of either by the petitioner or his wife. The respondent preferred to live in his native place. He was senile and neurotic and treated by a Neurologist. In the year 2000, when the petitioner left for Erode, he made arrangements to take care of the respondent. Taking advantage of his absence and the mental infirmity of his father, the second defendant (his brother) exercised undue influence over his father and made arrangements to deprive the petitioner of his due share in the family properties by trying to sell away the suit properties.