BHAGWAN Vs. STATE

JUDGEMENT

(1.) The appellant has challenged the impugned judgment whereby the Trial Court has dismissed the appellant's petition under Sec. 59 of the Mental Health Act, 1987.

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

(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: