IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. ANITA SUMANTH, MR. JUSTICE N.SENTHILKUMAR, JJ
M/S. PUNDI PATTAMAL SRINIVASA IYENGAR TRUST – Appellant
Versus
NIL – Respondent
| Table of Content |
|---|
| 1. trust seeking sale of property for charitable purposes. (Para 1 , 2 , 3) |
| 2. judicial authority regarding trust asset sales. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. section 34 inappropriate for public trusts. (Para 16 , 18) |
| 4. court directs to approach civil court under section 92. (Para 19) |
For Appellant : Mr.Muralikumaran, Senior Counsel for Mr.S.Sathish Rajan JUDGMENT (Delivered by Dr. ANITA SUMANTH.,J)
Pundi Pattamal Srinivasa Iyengar Trust (in short ‘Trust’) had filed an Original Petition under Section 34 of the Indian Trusts Act, 1882 praying that the trustees be permitted to sell the property at Old Survey No.2181, Re-Survey No.1459, bearing Door No.25, Thandavaraya Mudali Street, Triplicane, Chennai to an extent of 2386 sq.ft. (in short ‘schedule property’) and such that the Trust may utilise the sale proceeds for its welfare and for furtherance of its objects. The Original Petition had come to be dismissed on 23.08.2023, as against which, the present appeal has been filed.
2. Mr.Murali Kumaran, learned Senior Counsel appearing for Mr.S.Subramaniya, learned counsel on record for the appellant/Trust would assail the impugned order dated 23.08.23 and take us through sev
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