JUDGMENT : (Common Prayer: Civil Miscellaneous Appeals have been filed under Section 76 of the Mental Health Act, 1987, read with Order 41 Rule 1 of CPC, against the common fair and decreetal orders dated 13.07.2020 in I.A.No.5, 3 & 4 of 2019 in M.H.O.P.No.177 of 2017 respectively, on the file of learned Principal District Court, Tiruvallur.) 1. Heard Mr.N.Kumar Rajan, learned counsel for the appellant through Video Conferencing, due to COVID-19 pandemic. 2. This Civil Miscellaneous Appeal is directed against the impugned common order dated 13.07.2020 passed in I.A.No.5, 3 & 4 of 2019 in M.H.O.P.No.177 of 2017 respectively by the learned Principal District Judge, Tiruvallur, in and by which, learned Court below while dismissing the Interlocutory Applications filed by the appellant, who is the guardian of a mentally ill person (J.Karthik), held that under the guise of development of the property, the appellant herein cannot claim any share in the petition schedule property so as to alienate the same to the credit of a third party by entering into an agreement. 3. Short facts leading to the filing of these appeals are stated below:- Mr.J.Karthik is a mentally ill-health person by birth itself and he is now aged about 40 years and residing at No.69, Appar Street, 2nd Cross Street, Ground Floor, Kamakodi Nagar,, Valasaravakkam, Chennai. His father-T.S.Jayaraman and mother-Manjula died intestate on 29.04.2013 and 12.05.2016 respectively leaving their only son J.Karthik as legal heir. After their demise, he was under the care and custody of Mrs.L.Saraswathi, who is the sister of his mother-Manjula. He is suffering from a mental disorder known as mild mental retardation and in that regard, Assistant Professor (Civil Assistant Surgeon) Department of Psychiatry, Government Kilpauk Medical College, has also issued the Disability Certificate dated 21.07.2016 and the same is also annexed in the additional typed set of papers filed by the appellant. 4. Whileso, due to old age of Mrs.L.Saraswathi (now 82 years old), her daughter/appellant herein has moved M.H.O.P.No.177 of 2017 under Sections 52 to 54 of the Mental Health Act, 1987 (in short “the Act”) before the learned Principal District Court, Tiruvallur, seeking to appoint her as Guardian for the mentally retarded ill-person/J.Karthik including for maintenance of his property, Bank Account and to withdraw the family pension and other Government benefits till his mental condition is cured. Learned Court below, vide order dated 27.02.2018, allowed the petition appointing the appellant herein as Guardian of the mentally retarded person-J.Karthik, and also permitted her to operate the bank accounts of mentally retarded person. Therefore, from the date of her appointment as guardian, the appellant has been operating his savings bank account with Indian Overseas Bank, Virugambakkam and Valasaravakkam Branch, and also has been receiving family pension and other Government benefits on behalf of mentally ill-person. Moreover, the property of his parents, namely, the land and building at No.69, Appar Street, 2nd Cross street, 1st Floor, Kamakodi Nagar, Valasaravakkam, Chennai-87, inherited by the mentally ill person-J.Karthik, also has to be maintained by the appellant herein as Guardian of mentally ill-person. Initially, the property in question was purchased by J.Karthik's mother from one Mr.N.P.Audiseshan and Mr.N.P.Thirugana Sambandamoorthy, by way of a sale deed dated 08.03.1973 vide Document No.7344/1973 registered on the file of Sub-Registrar Office, Kodambakkam. Subsequently, mentally illperson's mother constructed ground floor in the year 1980 and the first floor in the year 1993. However, after the death of his parents, he became the absolute owner of the property in question and the appellant herein has been taking care of the mentally illperson Mr.J.Karthik for about 2 ½ years. 5. When the matter stood as above, now, the appellant herein has filed three Interlocutory Applications, namely, I.A.Nos.3 to 5 of 2019 in M.H.O.P.No.177 of 2017, with the following prayer. I.A.No.3 of 2019 has been filed seeking to give Power of Attorney to the builder Mr.S.Karthikeyan, to develop the property in respect of 50% undivided share in the petition schedule property. I.A.No.4 of 2019 has been filed seeking to permit the appellant herein to enter into a joint development agreement with the builder Mr.S.Karthikeyan to develop the property and sell the same entitling the appellant herein to 50% undivided share of land and constructed area and the builder the balance 50%. I.A.No.5 of 2019 has been filed to permit the appellant herein to sell one flat in the 2nd floor S-2 to third party and deposit the sale amount in the bank. 6. I.A.No.5 of 2019 has been filed to permit the appellant herein to sell one flat in the 2nd floor S-2 to third party and deposit the sale amount in the bank. 6. Learned counsel for the appellant argued that the above said applications were filed taking a stand that the building in question is now in dilapidated condition as it is 40 years old, besides, during rainy season, the house in question is flooded with rain water as it is now 4 feet below the ground level (road level). Secondly, the appellant is able to get only Rs.16,000/- towards family pension and therefore, with such meagre amount, it is difficult to maintain the mentally ill-person Mr.J.Karthick by providing food, cloth and shelter. Therefore, the said Saraswathi, who is the sister of his mother-Manjula, and the appellant herein as his Guardian, have decided to sell the property, for which, she entered into an agreement with one Mr.S.Karthikeyan, builder of Vignesh Homes, to develop the property and as per the agreement, the builder agreed to construct 6 flats, out of which, 3 flats will be retained by the builder and 3 flats will be given to the appellant. Out of 3 flats of the appellant, one will be sold to a third party and the balance 2 flats retained by the petitioner will be let-out for rental. It is further submitted that proceeds by selling one flat will be deposited in a Fixed Deposit, so that interest accrues from FD as well as rent received from new house will be utilized for the purpose of maintaining the mentally ill-person, including his medical expenditure. Therefore, aforesaid Interlocutory Applications were filed, however, learned Court below declined to consider the same, as against which, the present appeals have been filed. 7. Learned counsel for the appellant contended that it is an admitted case of the appellant that she has been appointed as Guardian of mentally ill person - Mr.J.Karthik, to take care of him and to receive family pension and then to operate his savings bank account. 7. Learned counsel for the appellant contended that it is an admitted case of the appellant that she has been appointed as Guardian of mentally ill person - Mr.J.Karthik, to take care of him and to receive family pension and then to operate his savings bank account. However, in view of the fact that the building in question is in dilapidated condition and that during rainy season, the house in question is flooded with rain water as it is 4 feet below the road level, demolition and reconstruction of the house in question is very much necessary and if it is not done, life of the persons including Mr.J.Karthik living at the house in question is at risk and therefore, interlocutory applications filed by the appellant herein seeking permission to give Power of Attorney to a builder to develop the house in question for the betterment of the mentally ill person cannot be doubted and on this score, he has prayed for quashing the impugned order passed by the learned Court below declining to grant the relief as sought for by her. 8. On perusal of the entire documents placed before it, it is not in dispute that after the demise of the parents of mentally ill-person/J.Karthik, he was taken care by his mother's sister, namely, Mrs.L.Saraswathi. However, since she is 82 years old, she is unable to take care of him and therefore, the said Saraswathi has consented to appoint her daughter/appellant herein as Guardian of the mentally ill person/J.Karthik. Learned Principal District Court, Tiruvallur, vide order dated 27.02.2018 passed in M.H.O.P.No.177 of 2017, while terming the appellant herein as fit person, appointed her as Guardian to provide food, cloth and shelter, besides permitting her to operate his bank accounts and also to receive family pension and other Government benefits on his behalf. 9. It is to be noted that the land and building situated at Plot No.69, Door No.19, Appar Street, Kamakodinagar, Valasaravakkam, Chennai, measuring an extent of 2160 sq.ft. was purchased by the mentally ill-person/J.Karthik's mother-L.Manjula, from one Mr.N.P.Audiseshan and Mr.N.P.Thirugana Sambandamoorthy, by way of a sale deed dated 08.03.1973 vide Document No.7344/1973 registered on the file of Sub-Registrar Office, Kodambakkam. Subsequent to such purchase, she constructed a house in the ground floor in the year 1980 and first floor in the year 1993. However, unfortunately, both his parents died intestate on 12.05.2016 and 29.04.2013 respectively. Subsequent to such purchase, she constructed a house in the ground floor in the year 1980 and first floor in the year 1993. However, unfortunately, both his parents died intestate on 12.05.2016 and 29.04.2013 respectively. After their demise, the mentally ill person-J.Karthik became absolute owner of the house in question. 10. According to the appellant, now, as the building in question is 40 years old, the same is in dilapidated condition and during rainy season, house is completely inundated with rain water as the said house is 4 feet below the road level. To substantiate the same, learned counsel for the appellant has also produced the photographs of the house in question. In view of such an odd situation, the appellant herein has entered into joint development agreement with one Mr.S.Karthikeyan, Builder of Vignesh Homes, to develop the property and as per the agreement, the builder has agreed to constructed 6 flats, out of which, 3 flats will be retained by the builder and 3 flats will be given to the appellant herein. Out of 3 flats given to the appellant, one will be sold to a third party, one will be let-out for rental and the remaining one will be retained by them for their staying. 11. It is stated by the learned counsel for the appellant that the appellant is receiving a sum of Rs.16,096/- towards family pension on behalf of mentally ill person-J.Karthik only from June, 2020 onwards. I am of the view that the said meagre sum is not sufficient to meet out his day-to-day affairs as well as medical expenditure. Thus, considering the fact that the house in question, which is 40 years old, is in dilapidated as could be seen from the photographs produced before this Court, and that during rainy season it is inundated with rain water as it 4 feet below the road level, I am of the considered view that if the house in question is not demolished and developed, then the life of persons residing in that building including the mentally ill person-J.Karthik would be at peril. On the contrary, if the appellant is permitted to develop the house by entering into joint venture agreement as stated supra, then the interest accrues from FD and the rental income can be utilized for the purpose of maintaining the mentally ill person-J.Karthik, such as food, residential care, medical expenditure, etc. On the contrary, if the appellant is permitted to develop the house by entering into joint venture agreement as stated supra, then the interest accrues from FD and the rental income can be utilized for the purpose of maintaining the mentally ill person-J.Karthik, such as food, residential care, medical expenditure, etc. Therefore, in such view of the matter, the impugned order passed by the learned Court below declining to permit the appellant to develop the house in question cannot be sustained and accordingly, it is set aside. In fine, for reasons stated above, the Civil Miscellaneous Appeals are allowed. No Costs.