IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.Dhanabal, J
Aditanar Educational Institution and another – Appellant
Versus
NIL – Respondent
| Table of Content |
|---|
| 1. suit filed to authorize property sale for trust maintenance. (Para 1 , 2 , 3) |
| 2. evidence presented supports trust's need for financial resources. (Para 4 , 5) |
| 3. court permits sale with conditions regarding proceeds handling. (Para 6 , 7) |
JUDGMENT
This Suit has been filed under Order IV Rule 1 of the Original Side Rules r/w Order VII Rule 1 and Section 92 (1)(f) of the Civil Procedure Code, 1908 , to permit the Plaintiff Trust to sell the Suit property to any purchaser who offers to purchase it for the market price and to permit the Plaintiffs to invest the Sale Proceeds in any Nationalized Bank and to utilise the same towards maintaining the Plaintiff Trust.
2. The brief averments of the plaint are as follows:
(a) The 1st Plaintiff is a Public Charitable Trust, carrying out its object under the Memorandum of Association as amended from time to time. As per the bye-laws, the Chairman of the Plaintiff Trust is vested with power under Rule 14(6) to deal with the movable and immovable properties of the Trust. The Chairman of the Plaintiff Trust, along with the other members, has been delegated and authorized to represent the Plaintiff Trust in the subject matter of the
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