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[4] The facts that would essentially be required for appreciating the substantial questions of law may be introduced at the beginning. The factual background of the plaintiff‟s case, in a nutshell, is that the plaintiff Smt. Renu Bala Nath (since deceased) and her younger son Amar Ch. Nath (since deceased) were the joint owners and possessors of the A-schedule land measuring total 0.62 acre under khatian No.1031 comprising of R.S. Plot No.3322 of 0.45 acre, 3323/8942 of 0.12 acre and R.S. Plot No.3398/8943 of 0.050 acre. Deceased Amar Ch. Nath who died on 16.07.2013 was the absolute owner and possessor of the schedule-B land measuring 0.25 acre under khatian No. 1335 of Mouza Panisagar. The husband of the plaintiff died 35 years ago leaving behind the plaintiff, three sons, defendant No.1, pro-defendant No.9 and deceased Amar Ch. Nath with one daughter defendant No.3. Defendant No.9 stayed separately. The plaintiff in the suit used to stay with her son Amar Ch. Nath in the schedule-B land. Amar Ch. Nath who was suffering from paranoid schizophrenia since his childhood, died on 16.07.2013. The plaintiff being poor is looked after by her elder son Bimal Ch. Nath. It is also asserted that in the year 2012 the plaintiff requested defendant No.1( since deceased) to manage money for treatment of her ailing and insane son by mortgaging 05 satak land as his condition became worse. Thereafter, on repeated request, the defendant No.1 gave Rs.10,000/- to the plaintiff on condition to execute document regarding mortgage [5] It has been also pleaded that in the month of March, 2012 Amar Ch. Nath was treated in Agartala but, he was not recovered. Then after, 4/5 months later, defendant No.1 asked the plaintiff to sign some documents while in good faith and believing her son, defendant No.1 without any doubt put her signature as per advice and suggestion of defendant No.1 though their contents were not read over to her. Subsequently, after 2/3 months the deceased plaintiff observed change in the attitude of the defendant No.1 as he asked to vacate her residential house where she was living with her insane son and on this issue dispute arose.

[15] Being seriously aggrieved by and dissatisfied with the concurrent findings of both the Courts below, the present second appeal has been preferred.

[16] Having heard the learned counsel for the parties and after considering the observations made by both the Courts below, this Court thinks it necessary to discuss the issues framed by the courts below for proper adjudication.

[17] Here, it is to be considered whether the three registered sale deeds are illegal and fraudulent instruments and liable to be cancelled. With reference to this issue, this Court meticulously gone through the evidence on record in the light of the oral arguments of both parties. The plaintiff in the OS has stated that the three sale deeds are the result of fraud and misrepresentation practiced by the defendant No.1 in the OS on whom plaintiff being the mother had fully believed and relied upon him but, her son taking the advantage of her innocence and unconditional belief and faith on him, he practiced fraud by misrepresenting that one mortgaged deed was to be executed by her. According to the plaintiff she never thought to dispose of her all landed property by sale to defendant Nos.5 and 6 and besides her younger son Amar Ch. Nath (since deceased) was suffering from paranoid schizophrenia who had no capacity to sign or put thumb impression on the sale deed. It has also been stated that the plaintiff told the defendant No.1 to arrange for money for the treatment of her ailing son by mortgaging a portion of her land but, the defendant No.1 in collusion with others managed to create forged sale deeds where, as per his asking and believing him fully without thinking of any fraud the plaintiff put the signature.

[45] Now, in the process of litigation, mother passed away and that mentally unsounded brother also passed away and the most critical fact is that the elder brother who helped his mother with financial assistance for the treatment of his younger brother, he also passed away. Now, his widow wife and minor child are before the Court.

[46] On that pretext, this Court is of the considered view that there should be some relief given to the widow wife and the child, the appellants herein by which justice would be met, as the defendant No.1 at one point of time funded the old mother for the treatment of his ailing brother. One legal aspect which needs to be considered holding that Amar Ch. Nath was suffering from paranoid schizophrenia since his childhood, to prove the same they produced one medical document but, the issuing doctor was not examined and hence the same cannot be taken into consideration. Without proving the ailment of Amar Ch. Nath, conclusion of the Courts below that he was suffering from paranoid schizophrenia since childhood is totally erroneous and I find force on to this point raised by the counsel for the defendants in the OS.

[48] The paranoid Schizophrenia is characterized especially by delusions of prosecution, grandiosity, or jealousy and by hallucinations. An average study on paranoid schizophrenia reflects that man diagnosed in their late techs to early 20s. It‟s rare before 12 years or after 40 years. The argument of the plaintiff runs around on the strength of medical certificate issued by a doctor Exbt. 1 that deceased Mr. Amar Ch. Nath was suffering with paranoid schizophrenia.

[49] The doctor has not been examined as witness. There is no information on record to say from what age he was suffering and his health conditions and mental ability stage wise is setout. There is no periodical medical checkup and treatment record and medical files to show the status of the deceased. As per the evidence of village Pradhan PW-3 in his cross examination stated that no land will be laid by the government to an insane person. His statement weakens the contention of the plaintiff. The plaintiff failed to establish Section-14 of the Contract Act in her favour.