Judgment

SAWANT, J.

( 1 ) SPECIAL leave granted.

BY a decree in C. S. No. 363 of 1912, schemes for administration of two trust estates were sanctioned. One trust estate comprised Premises No. 246, R. K. Mutta Road, Mylapore, Madras belonging to one Poonam-balam Pillai and the other trust estate comprised the adjoining Premises No. 247 belonging to his wife, Nagai Visalakshi Ammal. We are concerned in this appeal, with the premises bearing No. 246 belonging to the trust estate of Poonambalam Pillai. These premises were being used as a marriage hall [kalyanamandapam].

( 2 ) IT appears that in both the said trusts, hereditary trustees were appointed. It is not clear from the judgments of the courts below as to when the Official Trustee in place of or in addition to the hereditary trustees came on the scene. However, that is not relevant for the decision of the issue involved in the present appeal.

( 3 ) THE predecessor of the present appellant-Official Trustee had made an application to the High Court being Application No. 2043 of 1988, for permission to incur an expenditure of Rs. 6 lakhs for converting the existing tiled-roof of the marriage hall into RCC-roof and for providing Other