SANJAY GUPTA Vs. CORPORATION OF CHENNAI

JUDGEMENT

(1.) One of the reminiscences of the colonial past, still standing as an archaeological monument in the heart of Chennai, is the Victoria Public Hall, off Poonamallee High Road near Central Railway Station. History shows that in a public meeting of the inhabitants of Madras, convened by the Sheriff of Madras, at Pachayappa's Hall, it was resolved on 17.3.1882 to erect a town hall for the use and benefit of the public. For the said purpose, the public were invited to subscribe to a fund already opened with M/s. Arbuthnot & Co. (which itself later plunged into litigation). Several citizens of Madras contributed various amounts and an influential Committee of the citizens of Madras was constituted to carry out the project of construction of a Town Hall. The Committee held negotiations with the then Municipal Commissioners for the Town of Madras, as a result of which, the Corporation passed resolutions dated 21.2.1883, 3.9.1884 and 24.9.1885, allotting land of an extent of about 57 grounds on a 99 year lease, on a rent of 8 annas per ground per annum. The allotment was in favour of the Committee. The lease was renewable on the expiry of the original period.

(2.) On 18.2.1888, a Deed of Trust was drawn up, to which the principal subscribers to the building fund of the Town Hall, were the parties of the first part and the Committee of persons constituted to carry out the project of construction of Town Hall were the parties of the second part. The original body of 12 Trustees constituted to handle the subscriptions, were included as parties of the third part. It was resolved under the said Deed of Trust that (i) the site leased out by the Municipal Commissioners (ii) the building as and when completed and (iii) the amounts collected, would all vest in the Board of Trustees. It was also provided in the Deed of Trust that the Town Hall constructed on the site, would be named as "Victoria Public Hall".

(3.) In 1889, the Rajah of Vizianagaram advanced a huge sum of money on a mortgage over the Victoria Public Hall on condition that if he was vested with nominating powers, he would forego the entire mortgage debt due to him. Therefore, the then Advocate General of Madras moved a suit in C.S. No. 223 of 1905 on the file of this Court, seeking leave to amend the Deed of Trust, so as to provide for the appointment of a 13th Trustee by the Rajah Sahib of Vizianagaram and his successors. By a judgment and decree dated 9.1.1906, this Court was pleased to modify the Deed of Trust by framing a scheme and making a provision regarding the nomination of a 13th Trustee by the Rajah of Vizianagaram.