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2004 Supreme(Mad) 1049

V.KANAGARAJ
L. Narayanan & Another – Appellant
Versus
Nil – Respondent


Advocates Appeared:For The Petitioners:K.Ilango, Advocate.

Judgment :-

This Civil Revision Petition is directed against the fair and decretal order dated 3.9.2003 made in Trust O.P.No.1 of 1990 by the Court of Principal District Judge, Tiruchirapalli seeking to set aside the same on certain grounds that the Court below failed to see that the lands in question regarding which a Trust Settlement Deed had been executed by the father of the petitioners have been lying waste without income and hence the intention of the executor of the settlement cannot be implemented in any way consequent to which the petitioners are unable to perform 'uthsavams' as directed by their father; that the H.R.&C.E. Board will not get any vested right and cannot object for the sale of the immovable property as the Trust created is not a public charitable trust; that the lands in question cannot generate any income in the present condition since irrigation facility is not available; that the petitioners are giving undertaking to deposit the sale proceeds in the name of the Trust for the purpose mentioned in the Trust Settlement deed; that the proposed sale is only to fulfil the intention of the testator. On such and other minor grounds, the petitioners have come forw









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