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2014 Supreme(Mad) 3600

V.M.VELUMANI
N. S. Ramaraj – Appellant
Versus
Rajapalayam Poonachamiyar Madam Nanthavanam – Respondent


Advocates Appeared:
For the Petitioners:N. Dilipkumar, Advocate.
For the Respondents:R1 & R2, S. Natarajan, Advocate.

Judgment :

1. The petitioners are third parties to T.O.P.No.2 of 2008 on the file of Principal District Judge, Virudhunagar District at Srivilliputhur. The respondents 1 and 2 filed the above O.P. for sale of 95.95 cents of third item in Schedule to the petition for a total consideration of Rs.19,96,000/-. The respondents 3 to 7 are the respondents 1 to 5 in the said T.O.P. According to the respondents 1 and 2, the Trust was created for carrying out certain religious function and the same are performed from the income of the properties belonging to the trust. According to the respondents 1 and 2, the Trust is a private Trust.

2. Due to the passage of time, the Temple and Samadhi in the Trust properties have become dilapidated. The Temple and Samadhi were constructed more than 75 years before. Therefore, it becomes necessary to demolish and re-construct the same. Further, in the second item mentioned in the petition, the respondents 1 and 2 have decided to construct a commercial complex so as to get income for the Trust which will enable the Trustees to carry out the wishes of founder of Trust. They obtained a quotation from Sathya Builders and Engineer of the said Builders had stat
































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