NISHITA MHATRE, J. - (1.) This appeal is directed against the order passed by the learned Single Judge on 8th August, 2016. By the impugned order, the learned Single Judge has directed the Special Officer who was appointed by an order dated 14th May, 2015 to act as a commission to ascertain if Radha Devi, the plaintiff/respondent is capable of deciding for herself whether legal steps should be taken in respect of any of her properties. The commission is to act in the presence of a Senior General Physician nominated by the Superintendent or In-charge of the S.S.K.M Hospital.
(2.) Radha Devi Karnani, the plaintiff/respondent was widowed in 1966. One of her sons, Rajendra pre-deceased Radha Devi. His property has devolved on his two daughters, Rashmi Bubna, Shrutika Doshi (deceased), besides his mother, Radha Devi. Radha Devi then executed a Gift Deed in favour of Mahendra, the appellant herein, her youngest son by which the property of Rajendra which devolved on her was gifted to Mahendra.
(3.) Rashmi, the grand-daughter of Radha Devi through Rajendra, filed the present suit, claiming to be the next friend of Radha Devi, praying for the cancellation of the Gift Deed. It has been pleaded in the plaint, inter alia, that Radha Devi was mentally feeble being over 90 years of age and that she was not in a position to take any independent decisions with respect to herself, much less her properties. Therefore the gift deed executed in 2012 in favour of Mahendra, who lived with his mother, was not valid.;