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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. SATHISH KUMAR
G. Kumanan S/o G. Ganapathy – Appellant
Versus
Kuluppai Ramasamy Chettiar Charitable Trust – Respondent
ORDER :
1. This civil revision petition has been filed under Article 227 of the Constitution of India seeking to set aside the decree and judgment dated 09.01.2024 made in O.S.No.541 of 2003 on the file of the learned Principal District Munsif at Cuddalore, on the ground that the learned Munsif lacked jurisdiction.
2. The case of the revision petitioner is that one Ramasamy Chettiar owned a vast extent of property. He created a Trust “Kuluppai Ramasamy Chettiar Charties Sabha” by way of a registered Will dated 27.11.1900. The said Trust is for the benefits of the public. The said Trust was looked after by the family members of the donor and lastly one A.Subramanian was in the management of Trust and its properties. The said A.Subramanian filed the suit in O.S.No.541 of 2023 on the file of the Principal District Munsif against one Radhakrishnan seeking permission of the court to sell some of the properties belonging to the Trust. Initially in the plaint all the properties of the Trust were not included, subsequently by way of an amendment application, all the properties were sought to be included which was allowed. The Secretary of the Trust Mr.A.Subramanian had managed to obtain a de
The court affirmed that a lack of jurisdiction by the District Munsif does not invalidate sales made by trustees of a public charitable trust, particularly when the petitioner approaches the court wi....
Point of Law : Where the allegation of breach of trust, direction for administration of Trust is absent, the suit is maintainable and obtaining leave under Section 92 of the CPC is not necessary.
The petitioners can be permitted to withdraw the suit to file a fresh suit, and they are liable to satisfy the law of limitation while filing the fresh suit.
A suit under Section 92 of the CPC can only be filed against a trust and not by a trust itself; claims that are personal in nature do not qualify for relief under this section.
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