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1999 Supreme(Mad) 905

S.S.SUBRAMANI
Seshmal Jain – Appellant
Versus
Changamlal Umesh Chandu Bavan – Respondent


Advocates Appeared:
For the Petitioners:N. Jayabalan, Advocate.
For the Respondents:N.D.Bahety, Advocate.

Judgment

1. All these revision petitions are filed by the landlord.

2. Material facts, which necessitated filing of these revision petitions could be summarised thus:

Landlords filed three petitions for fixation of fair rent against three tenants as R.C.O.P.Nos.2461 of 1990, 2462 of 1990 and 2464 of 1990. The subject matter of the petitions are portions of the same building.

3. The property which are subject matter of these revision petitions originally belonged to Amba Shankar Josha Family Trust. The trust was created for the benefit of family members and for charitable purposes. The trust has found difficulties to carry out the purpose of the Trust for paucity of funds and they moved before this Court for modification of the terms of Trust so as to empower them to sell the immovable properties of Trust.

4. By order dated 28.11.1983, this Court granted such power subject to the condition that the sale could be executed only with the permission of this Court and it should have the concurrence of at least 3/4th of total number of trustees in office.

5. On the basis of the order of this Court, Trustees invited certain offers for purchase of the properties and on the basis of those off























































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