D VGUNDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is against the order, dated 19th July 1949, parsed by the Additional District Judge, Bangalore, in Mis. case No. 256 of 48-49 refusing to grant sanction for sale of a trust property by the trustees who are the petitioners in the case.

(2.) The trust was created by Vajapayam Krishniah on 5th January 1916 for the benefit of education to poor students. One of the properties is a shop in Chickpet, Bangalore. According to the verified statement filed by the trustees the shop is in need of repairs and requires heavy funds for that purpose. It is fetching a small rent of Rs. 45 par month. One Bhimraj Prathapathmal is prepared to buy the property for Rs. 32,000. It is urged that if this amount is deposited with Government the rate of interest that it would fetch is 4 per cent. There is hardly any doubt, that in case the property is sold and the amount deposited as stated above, it is very advantageous to the beneficiaries. This will avoid large amounts being spent in repairing the building and the building failing down in case the repairs are not effected in time. It is no doubt true that as observed by the learned District Judge, there is no provision in the trust deed expressly authorising the trustees to sell the property. But it has, however, to be observed that there is nothing in the trust deed which prohibits them from selling the property. The reference in the sale deed to the condition that the trustees should preserve "Mooldhan" is quite satisfied by the amounts realised by the sale of the shop being deposited in Government Treasury for the purpose of the trust.

(3.) The point for consideration is whether under the circumstances of the case the Court could give a direction for the sale of the property as applied for by the trustees. According to Section 36, Mysore Trust Act: