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1993 Supreme(SC) 1091

A. S. ANAND, M. N. VENKATACHALIAH, S. C. AGRAWAL
Committee Of Management Of Pachalyappas Trust – Appellant
Versus
Official Trustee Of Madras – Respondent


Advocates:
P.H.Parekh, P.KRISHNA RAO, R.MOHAN, R.NEDUMARAN, S.SIVA SUBRAMANIAM, S.SRINIVASA VARMA, V.BALACHANDRAN, V.KRISHNAMURTHY, YASHANK ADHYARU

Judgment

S.C. AGRAWAL, J.-These appeals relating to grant of a long term lease in respect of immovable property vested in the Official Trustee as executor and trustee raise questions relating to the exercise of the supervisory jurisdiction by the High Court under Section 25 of the Official Trustees Act, 1913, herein referred to as the Act.

2. Under a will executed by one C. Kandaswamy Naidu on May 21, 1948, the testator made various bequests in favour of his children as well as other persons and bequeathed the rest of his properties to the Trustees of Pachaiyappas Charities subject to the conditions, payment and restrictions mentioned therein. The Official Trustee of Madras has been appointed as the executor and the trustee of the will and he has been empowered to sell and dispose of the properties, immovable as well as moveable. O.P. No. 278 of 1948 is the original proceeding instituted in the Madras High Court on the basis of the said will by the Official Trustee. Among the properties vested in the Official Trustee under the will is a vacant plot of land measuring about 5.65 grounds (13566.85 sq. ft.) situated at No. 21, Harrington Road, Madras. On the western side of the said plo


















































































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