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.28