Important Point – Trial Court has jurisdiction to entertain and try petition under Section 50 of Mental Health Act, 1987.

1. The appellant has challenged the impugned judgment whereby the Trial Court has dismissed the appellant’s petition under Section 59 of the Mental Health Act, 1987.

2. On 11th January, 2013, the appellant, elder brother of Mukesh (respondent no.7) filed a petition for permission to transfer the property of respondent no.7 under Section 59 of the Mental Health Act, 1987. The averments made in the petition are as under:-

2.1. Mukesh (respondent no.7) is a mentally ill person with severe degree of mental retardation assessed as 75%. The appellant is looking after and managing respondent no.7. Copy of the disability certificate dated 13th August, 1999 issued by the Medical Board of Safdarjang Hospital assessing the permanent disability of Mukesh as 75% due to severe degree of mental retardation was annexed as Annexure B to the petition.

2.2. The appellant has been appointed as guardian for maintenance, residential care and management of properties of respondent no.7 by the Deputy Commissioner, North-West on 23rd December, 2006. The copy of the certificate dated 23rd December, 2006 was annexed as Annexure C to the petition.

2.3. Respondent no.7 is a permanent resident of H. No.281, Paana Tihaai, Mangol Pur Kalan, Delhi-110085. The ration card containing the address of the petitioner as well as respondent no.7 was placed on record as Annexure A to the petition.

2.4. Respondent no.7 is the owner of undivided 1/7th share in agricultural land measuring 155 bigha and 15 biswa in village Aawal, Tehsil Kalanaur, District Rohtak, Haryana which was inherited by respondent no.7 along with the petitioner and respondents no.2 to 6 in equal shares.

2.5. The petitioner is taking care of respondent no.7 from the income out of the share of respondent no.7 in the above mentioned agricultural land. However, the expenses of maintenance has increased and the income from the agricultural land is not sufficient to bear the medical needs of respondent no.7 and therefore, the petitioner be permitted to sell the agricultural land.

2.6. The petitioner and respondents no.2 to 6 have already sold their share in the above mentioned property and only the share of respondent no.7 remains to be sold. Copy of the agreement was annexed as Annexure D to the petition.

3. The petition was taken up for consideration on 16th May, 2013, the Trial Court examined respondent no.7 who was unable to answer any question. Respondent No.7 was not in a position to even respond to the questions. The relevant portion of the statement of respondent No.7 recorded by the Trial Court is reproduced hereunder:-

“Examination of mentally ill person/Mukesh s/o Late Sh. Narayan Singh & Late Smt. Dhanno Devi (u/s Section 50 of Mental Health Act) Q. What is your name? (no answer) Q. Who is the petitioner? (no answer) Q. Where do you live? (no answer) Q. With whom you came here? (no answer) Q. What is your age? (no answer) Q. How many brothers and sisters you have? (no answer) Q. Whether your parents are alive? (no answer) Q. Have you ever gone to hospital or doctor? (no answer) Q. Have you ever gone to school? (no answer)

During the examination the mentally ill person could not answer any questions but was not even in a position to respond to the question asked to him. Petitioner who is stated to the elder brother of the mentally ill person stated that by birth he is in this condition and was treated by Safdarjung Hospital and he is having severe degree (sic) of Mental Retardation and disability certificate was issued by the Safdarjung Hospital and same has also been filed alongwith with the petition.”

4. On 16th May, 2013, after examining respondent no.7, the Trial Court directed the Medical Superintendent, Institute of Human Behaviour and Allied Sciences (IHBAS) to have respondent no.7 examined by a Board of Doctors and the case was fixed for 24th August, 2013. Relevant portion of the order dated 16th May, 2013 is reproduced hereunder:-

“The Ld. Medical Superintendent, IBHAS is further direct