Mr. Rakesh Kumar Jain, J. (Oral):- The important question of law involved in this appeal is “as to whether in case of a dispute between the brothers with regard to their appointment as manager of a mentally ill person, the Court can appoint the District Collector/Deputy Commissioner as the manager?”

2. This appeal has arisen out of an order dated 18.2.2010 passed by the District Judge, Sangrur by which a petition filed by the appellant under Sections 52 and 54 of the Mental Health Act, 1987 (for short ‘the Act’) has been dismissed.

3. The case revolves around the property of a mentally ill person namely, Kaka Ram son of late Kapoor Chand.

4. The brief facts of the case are that the appellant-Inder Sain filed a petition under Sections 52 and 54 of the Act against his three brothers, one of his brother’s son and the tenant on the land, for appointing him as manager of the property of his mentally ill brother Kaka Ram on the ground that he is incapable of taking care of himself and managing his property including the bank deposits. The properties owned by Kaka Ram, mentioned in the petition, are as follows:

(i) 1/2 share in the land comprising in Khewat No.2191 Khasra No.174//25/8-0 and Khewat No.3173 Khasra No.173//21/1/4-9 as per jamabandi for the year of 2004-2005 situated in the revenue estate of Sangrur-A.

(ii) 2/7 share in the land measuring 71 kanals 18 marlas comprising in Khewat No.547 Khasra No.12//21/7-4, 13//14/3-9, 16/5-15, 17/8-0, 18/3-16, 23/2/2-12, 24/8-0, 25/8-0, 29//3/2/2-9, 4/7-11, 5/6-11, 26/1-0, 30//1/7- 11 as per jamabandi for the year of 2004-2005 situated in the revenue estate of Mehlan-B.

(iii) Bank deposit in Oriental bank of Commerce, Sangrur branch in saving bank account No.2319.

(iv) Bank deposit in account No.CDR-5173 to CDR- 5178 in Oriental Bank of Commerce, Branch Sangrur and in State Bank of Patiala, New Grain Market Branch, Sangrur.

(v) 1/6 share in the property/estate left behind by late Kapoor Chand, who died intestate on 21.02.2007.

5. It is further alleged that earlier Kapoor Chand father of Kaka Ram had filed an application No.4 under Sections 52, 53 and 54 of the Act for his appointment as a gurdian of Kaka Ram, which was allowed by the Court of Sh.B.S. Mangat, Addl. District Judge, Sangrur on 24.9.2003 with the following observations:

“in the light of the aforesaid discussion and in view of my findings on issues No.1 and 2, I appoint Shri Kapoor Chand, petitioner, as guardian of his mentally ill son Kaka Ram, with the directions that he will not withdraw any amount from his CDRs lying deposited in the Oriental Bank of Commerce, Sangur, without the permission of the Court. Manager of the Bank is directed to renew these CDRs automatically. However, he would be at liberty to spend the amount, which he will get any way of chakota pertaining to the share of the land of Kaka Ram. It is further obtained that Kapoor Chand will not sell any immovable property belonging to his mentally ill son Kaka Ram without the permission of the Court. In case, Kapoor Chand feels that income from the land of Kaka Ram and interest income, if any, already accruing from the deposits of Kaka Ram is not adequate for looking after and for providing medical treatment to kaka Ram, he can file an application in the Court for permitting him to withdraw interest amount from the CDRs of Kaka Ram by depicting complete facts and figures.”

6. Unfortunately, Kapoor Chand died on 21.02.2007 which led to the filing of the present petition at the instance of his brother Inder Sain in which he alleged that earlier Kaka Ram had gone somewhere on 25.6.2006 regarding which DDR No.29 dated 28.6.2006 was recorded and on information, he was brought back but now again he is missing from home since 03.02.2007 and his whereabouts are not known regarding which a missing report was lodged by his brother Om Parkash in Police Station, Sangrur. It is also alleged that 2/7 share of Kaka Ram is in possession of Jagroop Singh son of A