IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Dhanabal, J
N.RAJAGOPALAN CHARITIES – Appellant
Versus
HOTEL REGENT – Respondent
| Table of Content |
|---|
| 1. trust property lease execution without court permission under section 36 of indian trusts act (Para 1 , 2) |
| 2. defendant's contention that indian trusts act does not apply to religious charitable trusts (Para 3) |
| 3. section 1 of indian trusts act excludes religious charitable endowments; suit maintainable without section 92 cpc (Para 9 , 10 , 11 , 12 , 13) |
| 4. previous lease acceptance estops current trustee from challenging lease; suit for declaration and damages dismissed (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
JUDGMENT
1.The Civil Suit in C.S. No.654 of 2007 has been filed praying [a] for a declaration that the Original Lease Deed dated 08.02.1977 executed by S. Pandurangan, the then Trustee of the Plaintiff Trust with Mrs. Rahija Beevi and the subsequent deed of lease dated 28.02.1986 and registered as Doc. No.758/86, Book I in the office of the Sub-Registrar, West Madras executed by the said S. Pandurangan with the 1st defendant company in respect of the Suit property, more fully described in the schedule are illegal, invalid and non-est in the eyes of law and declare the same as illegal and void ab-initio as the same are in violation of provisions under
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