AUROLAB TRUST Vs. TAMIL NADU CHIEF REVENUE CONTROLLING AUTHORITY-CUM-INSPECTOR GENERAL OF REGISTRATION CHENNAI

JUDGEMENT

(1.) Sri Sai Baba Baktha Sabha, a registered society owned a landed property in T.S.No.456, measuring an extent of 5729 sq.ft., The property was gifted to the said Sri Sai Baba Baktha Sabha in the year 1962. Since the date of gifting, the property was not utilised by the said Sri Sai Baba Baktha Sabha by reason being there is no exclusive approach road for the said property situated in Shathamangalam Village, Madurai, North Town, Madurai District. So, the Managing Committee of the said Sabha had decided to dispose the property and to purchase another property with convenience such as building and temple with approach road for the devotees and general public. A meeting was conduced by the committee and resolution was passed on 20.09.2001. Thereafter, the representatives of the said Sabha had approached the Hon'ble Principal District Judge, Madurai for necessary permission under Section 34 of the Indian Trust Act.

(2.) The appellant/Aurolab had filed an affidavit before the learned District Judge, Madurai in Trust O.P.No.2 of 2002, stating that the said Sabha had offered to sell their land at a price of Rs.1,05,000/- per cent. The same was accepted by the appellant. After considering the petitioner's contention and third party affidavit, the Tribunal decided the case. While the case was pending, one of the objectors filed a memo for purchasing the property at a higher price, but he remained ex-parte. In the said transaction a publication was given and Tom Tom was arranged. Even though with these arrangements, no one had come forward to purchase the property at a higher price. The learned District Judge, after considering the facts and circumstances of the case and the legal issues and location of the property, agreed and permitted the said Sabha to sell the property at not less than Rs.1,05,000/- per cent. This order was passed on 03.04.2002. The learned District Judge also observed that the entire sale consideration is to be deposited to the custody of the Court until the petitioner/Sri Sai Baba Baktha Sabha arranges the purchase of another property for the benefit of the trust, this arrangement being crystal clear.

(3.) On the strength of the Court Order, the said Sabha had alienated the property, in favour of the appellant/Aurolab Trust for a sum of Rs.Rs.13,80,750/-, measuring an extent of 5729 sq.ft., comprised in T.S.No.456 of Sathamangalam Village, under a Sale Deed dated 19.06.2002, and registered as document No.1481 of 2002, on the file of the Sub-Registrar Office, Tallakulam, Madurai.