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2009 Supreme(Mad) 4699

ELIPE DHARMA RAO, T.S.SIVAGNANAM
Sowcar Gopaldas Dwarakadas Private Family Trust rep. by its Managing Trustee G. Balakrishnadas & Another – Appellant
Versus
The Tamil Nadu Land Reforms Special Appellate Tribunal Santhome High Road, Chennai & Another – Respondent


Advocates Appeared:
For the Petitioners:K.C. Rajappa, Advocate.
For the Respondents: Malarvizhi Udayakumar Special Govt. Pleader.

Judgment :-

T.S. Sivagnanam J

The above writ petitions have been filed challenging a common order passed by the Tamil Nadu Land Reforms, Special Appellate Tribunal in SRP Nos. 21 and 26 of 1999.

2. SRP No. 21 of 1999 was filed by Sowcar Welfare Fund Family Trust (hereinafter referred to as Welfare Fund Family Trust) challenging the order passed by the Land Tribunal Chennai dated 30.10.1998 in LTCMA No 39 of 1997.

3. SRP No. 26 of 1999 was filed by Sowcar Gopaldas Dwarakadas Private Family Trust (hereinafter referred to as Private Family Trust) challening the order passed by the Land Tribunal, Chennai in LTCMA No. 29 of 1998 dated 30.04.1999.

.4. The common issue which arises for consideration in these writ petitions is as to whether the Welfare Fund Family Trust and Private Family Trust are "Private Trust" as defined under Section 3 (36)-A of the Tamil Nadu Land Reforms or whether both the Trusts are to be considered as "Trusts" within the definition under Section 3 (36)-AAA of the Act.

5. The factual background in SRP No. 21 of 1999, is that the Welfare Fund Family Trust held agriculture lands at Srirangam to an extent of 46.24 ordinary acres equivalent to 25.806 standard acres
















































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