R.GOPALAKRISHNAN Vs. TIRUPARANKUNDAM ARUMUGA NAINAR TRUST

JUDGEMENT

(1.) The Revision Petitioner is the third party and filed the Revision after getting the leave of this Court challenging the order passed in Tr. O.P. No. 2 of 2009 on the file of the Principal District Judge, Madurai. The Respondents 1 to 3 filed Tr.O.P. No. 2 of 2009 seeking permission of this Court to sell the properties mentioned in the Petition, which admittedly belonged to the First Respondent-Trust and permission was granted by the Court below to sell the properties to the Respondents 4 to 9 herein and the same is challenged in this Revision.

(2.) Mr. R. Devaraj, the learned Counsel appearing for the Revision Petitioner submitted that the Suit Trust is a Public Trust and therefore, the Petition filed under Section 34 of the Trust Act for the sale of the properties was not maintainable and the Court below ought not to have entertained the Application, when admittedly the Trust is a Public Trust.

(3.) The learned Counsel further submitted that even assuming that the Trust is a Private Trust, having regard to the nature of the properties, namely the Trust properties, the Court below should not have allowed to sell the property by private negotiations without conducting Public Auction and therefore, on that ground the order of the Court below directing the sale is liable to set aside.