C ANAND KUMAR Vs. OFFICIAL TRUSTEE MADRAS

JUDGEMENT

(1.) APPLICATION Nos. 6270 of 1991, 200, 6224 and 6308 of 1992 and 4369 of 1993 are for issue of directions to the Official Trustee to lease out a portion of the vacant land in No. 68, Jcrmiah Road, Vepery, on such conditions and terms as may be fixed by this Court to the respective applicants. The applicants have also given their offers in the affidavits filed in support of the applications. APPLICATION Nos. 2080 of 1993 and 2081 of 1993 are for direction to the Official Trustee to sell a portion of the land in the same premises to the applicants therein. They have also set out their terms. After arguments were heard, it was found that each applicant was improving upon the offer already made in the affidavit and I suggest that each applicant should give his final offer in writing and put it in a sealed cover and hand over to the Court Officer before 1-30 PM on 10.8.1993. The said direction was given by me on 6.8.1993, when the arguments concluded. Accordingly, the offers have Been put in scaled covers and placed before me. To-day when the case is taken up for pronouncing my orders, learned counsel for the applicant in APPLICATION No. 6270 of 1991 represents that he could not contact his client earlier and he has no made an offer, which is put in a sealed cover and he wants that also to be considered by me. Counsel appearing for the other applicants raise an objection that the time limit fixed by me having expired, it is not open to any of the parties to give a fresh offer. The reason given by learned counsel is that after submitting the offers to the Court in sealed covers, the parties have been giving out the offers made by them in the scaled covers. Thus, according to learned counsel, the applicant in A. No. 6270 of 1991 would have come to know the offers made by the other parties and made a better offer to-day in order to get the lease. I accept the reasoning of landlord counsel and hold that it is not open to any of the parties to make an offer after 1-30 PM of 10.8.1993. Consequently, I refuse to accept the scaled cover given by Mr. Vijayakumar, learned counsel for applicant in Appln. No. 6270 of 1991. The offer made in the application will be treated as his final offer.

(2.) NOW, the sealed covers are opened in Court and I find the following offers have been made. In Application No. 200 of 1992, the offer is made to pay Rs. 21,00,501 as non-refundable advance and a monthly rent of Rs. 3000/- for a vacant land in the rear side of the premises for a period of 60 years with an option to renew the same for further period. In Application No. 6224 of 1992, the offer is to pay a monthly rent of Rs. 15,000/- for a lease of an extent of 4 grounds and 342 sq. ft. with the frontage on the Hunters Road for a period of 25 years with condition to extend by mutual consent for another 25 years with enhanced rent and to provide a building for a total area of 840 sq. ft. in the ground floor consisting of a room for the use of library of a carpet area of 700 sq. ft. and lavatory and bathroom of carpet area of 140 sq. ft. In Application No. 6308 of 1992, the applicant offers a non-refundable advance of Rs. 21,00,000/- and rent at Rs. 2000/- per mensem for a lease for a period of sixty years. The offer also says that no compensation will be claimed for superstructure constructed by the applicant and a sum of Rs. 5,00,000/- will be deposited immediately within 24 hours after confirmation and the balance of Rs. 16,00,000/- will be deposited within four weeks. It is also stated that in case the amount of Rs. 16,00,000/- is not paid within four weeks, a sum of Rs. 2,00,000/- from the initial deposit may be forfeited. A plan is attached to the said offer showing the area that is sought for lease. It is shown in red. The extent is mentioned as 4 grounds on the Hunters Road side. In Application No. 2080 of 1993, there is no fresh offer. Learned counsel says that the applicant sticks to his prayer for sale of a land measuring 5 grounds to the applicant or his nominee or jointly at the guideline value rate as registered on 1.4.1993 at the Sub Registrar's Office, Vepery, Madras-7. In application No. 2081 of 1993, the otter is to pay a sum of Rs. 32,00,000/- by way of non-refundable advance and a sum of Rs. 2,40,000/- towards rent for ten years at Rs. 2000/- per month, for granting lease of vacant land in the rear side of the premises for a period of 60 years with an option to renew the same for further periods for which amounts will be paid in advance. In Application No. 4369 of 1993, the applicants have offered to pay a sum of Rs. 25,10,500/- by way of non-refundable deposit and Rs. 4800/- per month by way of rent with a 5% increase in the rent every three years. It is also stated that if the Court considers the said offer to be low, the applicants will abide by any direction which may be given by this court regarding rent and deposit.

(3.) EVEN thereafter, the executors could not conduct the Academy in a proper manner and a suit was filed in C.S. No. 15 of 1950 by the plaintiff in the earlier suit along with three others. The prayer in the suit was for framing of a scheme for the management of the Academy. By decree dated 2nd January, 1951, a scheme wits framed. As per the scheme, the funds, assets and properties of the Academy and the management thereof were vested in the Official Trustee of Madras. The outgoing trustees appointed under the will of the testator were directed to deliver possesion of all the trust properties to the Official Trustee. Under the scheme, the Official Trustee was directed to appoint a committee of three persons to constitute a committee management to advise the Official Trustee in the conduct and management of the library. It was provided that the members of the committee shall hold office for a period of five years from the date of the appointment; but they will be eligible for reappointment. The Official Trustee was permitted to make the appointment, but subject to the sanction of the Court. It was also provided that the members of the Committee shall elect one among themselves as Secretary to hold office for a period of one year at a time. Under clause 6 of the Scheme, the committee of management shall maintain the academy, as far as possible, including the library and the reading room, in conformity with the wishes expressed by the founder, subject to the limitations placed by the scheme. With regard to the manuscripts found in the library, the scheme provided that if in the opinion of the Official Trustee, the manuscripts could not be retained within the premises of the Academy itself, consistent with safety, the Official Trustee could seek the directions of the Court for handing over the manuscripts to an institution which will benefit by them.