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2012 Supreme(Mad) 4790

K.K.SASIDHARAN, R.BANUMATHI
Nadigar Sangham Charitable Trust, rep. by its managing Trustee, R. Sarathkumar – Appellant
Versus
S. Murugan @ Poochi Murugan – Respondent


Advocates appeared:
For the Appellants:T.R. Rajagopalan, Senior Counsel for P. Giridharan, Advocate.
For the Respondent:R1 & R2, M. Dhandapani, R3, Rahul Balaji, Advocates.

Judgment :-

R. BANUMATHI, J.

Introductory:-

Whether the lease deed executed by the South Indian Artists Association represented by its Chairman, granting long lease of its valuable property worth more than Rs.150 Crores and situated in the commercial hub of T.Nagar in Chennai, in favour of a Public Charitable Trust managed by the close relative of the Chairman, and the subsequent decision of the Managing Trustee, allegedly, in collusion with the Chairman of the Artists Association, to enter into a lease in the nature of a Development Agreement with a private cinema company for a pittance and with a first option to the builder to purchase the entire property, without following a transparent tender process and in a collusive and secret manner, and more particularly without the association of any other members of the Artists Association or Trust treating the trust property as "Private Property", would constitute an act of breach of trust and mismanagement, thereby giving cause of action to the parties interested in the affairs of the trust to file a Scheme Suit, is the sum and substance of the issue that arises for consideration in this intra-court appeal, filed against the order grant








































































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