R. SUBBIAH, J.

(Prayer: Original Side Appeal filed under Order XXXVI Rule 9 of the Original Side Rules of this Court read with Clause 15 of the Letters Patent, against the Order dated 28.03.2012 passed in Application No.1309 of 2012 on the file of this Court.)

1. This Original Side Appeal (O.S.A) had been filed against the order dated 28.03.2012 passed in Application No.1309 of 2012 in O.P.No.203 of 2010. The said application, namely A.No.1309 of 2012, has been filed by the appellant herein seeking to set aside the order dated 02.11.2010 passed in O.P.No.203 of 2010 granting permission to the first respondent for alienating the property(ies) belonging to the first respondent-Trust to the third respondent and to consequently cancel the confirmation of sale in favour of the third respondent herein.

2. For appreciation of the factual matrix involved in this case, reference is being made to the Original Petition in O.P.No.203 of 2010 filed by the first respondent herein (Trust) under Section 34 of the Indian Trusts Act, seeking permission of this Court to sell the property(ies) belonging to the Trust mentioned in the schedule to the said O.P. and invest the sale proceeds in any Nationalised Bank in Fixed Deposit Scheme. In the said Original Petition, reference was made to a Scheme Decree dated 17.02.1925 passed in C.S.No.721 of 1923 by this Court, whereby the properties owned by Malayalkaveri Bai Ammal’s Trust and Gopaldas Dwarakadas Trust, were ordered to be consolidated and all the assets of both the Trusts, wherever situated, were directed to be treated as “one Estate” belonging to Gopaldas Dwarakadas Family Trust Estate. Accordingly, all the immovable properties belonging to Malayalkaveri Bai Ammal’s Trust, situated in the Districts of Trichirapalli, Tanjore, Madurai and Pudukkottai Districts, formed part of the assets of Gopaldas Dwarakadas Family Trust Estate. The Trust was administered by the Managing Trustee who belongs to the family of Gopaldas Dwarakadas and it was succeeded by his successors. It was contended on behalf of the Trust Estate that as per Clause 11 of the Scheme Decree dated 17.02.1925 in C.S.No.721 of 1923, the Managing Trustee is empowered to conduct the charities through the surplus income of the Trust Estate according to the Mamool and practice and accordingly, the Trust Estate is engaged in performing (i) Six Upayams in Sri Ranganathar Temple at Sri Rangam (ii) One Upayam in Samayapuram Mariamman Temple at Trichy and (iii) Daily feeding around 300 poor people in and around Trichy. According to the first respondent-Trust, the income derived from the Trust properties through lease amount paid by cultivating tenants, is very meagre, besides it is being paid irregularly due to various reasons. Therefore, the first respondent-Trust has filed the aforesaid Original Petition seeking permission to sell some of the lands mentioned in the schedule to the petition therein and to invest the sale proceeds in any Nationalised Bank in Fixed Deposits for the purpose of utilising the said amount more effectively for performing the charitable activities.

3. In the said O.P., after obtaining the valuation and assessing the market value of the property(ies) in question, the learned Single Judge has given a direction to advertise the sale notice in the newspapers and offers were directed to be received in a sealed cover by the Registrar General of this Court. Accordingly, the sale notice was published and four offers were received for item Nos.1 and 3 and no offers were received for item No.2. While considering the offers made, two Trustees objected to the selling of the properties, and therefore, in O.P.No.203 of 2010, order was passed by this Court on 13.09.2010 postponing the auction. But one of the persons who objected to the selling of the properties, namely Madhan Mohan Dass, the second respondent herein, who died during the pendency of the present appeal, got impleaded as a respondent in the original proceeding