ORDER :

1. Heard Sri R.K. Pandey counsel for the petitioner and Sri Rajiv Gupta, counsel for the respondents.

2. The main issue which arises for consideration is whether in case there is a testamentary guardian designated for a person of unsound mind, he alone can act as next friend while instituting suit on his behalf or any other person interested in his welfare can also act as his next friend. Another ancillary issue is whether notice given by the next friend, on behalf of person of unsound mind, terminating tenancy under Section 106 of the Transfer of Property Act, 1882 could result in valid determination of tenancy or not. The backdrop in which the aforesaid issues arise for consideration are as follows:-

3. A suit bearing SCC No. 5 of 2016 for recovery of arrears of rent and eviction of the petitioner from a shop situated in Mohalla Holiwala Kasba Hasanpur District J.P. Nagar was instituted by Ashok Kumar (the original plaintiff) through next friend Smt. Baljati Devi, his mother. It is alleged that the plaintiff was a person of unsound mind and his next friend-Baljati Devi is her mother and natural guardian; that Case No. 98 of 2005 is pending for her appointment as guardian; th