N.S. RAMARAJ Vs. RAJAPALAYAM POONACHAMIYAR MADAM NANTHAVANAM

JUDGEMENT

(1.) THE petitioners are third parties to T.O.P.No.2 of 2008 on the file of Principal District Judge, Virudhunagar District at Srivilliputhur. The respondents 1 and 2 filed the above O.P. for sale of 95.95 cents of third item in Schedule to the petition for a total consideration of Rs.19,96,000/ -. The respondents 3 to 7 are the respondents 1 to 5 in the said T.O.P. According to the respondents 1 and

(2.) , the Trust was created for carrying out certain religious function and the same are performed from the income of the properties belonging to the trust. According to the respondents 1 and 2, the Trust is a private Trust. 2. Due to the passage of time, the Temple and Samadhi in the Trust properties have become dilapidated. The Temple and Samadhi were constructed more than 75 years before. Therefore, it becomes necessary to demolish and re -construct the same. Further, in the second item mentioned in the petition, the respondents 1 and 2 have decided to construct a commercial complex so as to get income for the Trust which will enable the Trustees to carry out the wishes of founder of Trust. They obtained a quotation from Sathya Builders and Engineer of the said Builders had stated that it will require a sum of Rs19,89,570/ - to demolish and re -construct Temple and Samadhi and construct a shopping complex and he has submitted a plan also to the Trust. The said matter was placed before the committee on 19.2.2008 and it was decided to sell third item of property in the petition for not less than Rs. 19,96,000/ - and renovate the Temple.

(3.) UNDER these circumstances, the respondents 1 and 2 filed the T.O.P. under Section 34 of the Indian Trust Act, 1882. The respondents 3 to 7 remained ex -parte. The learned Judge considered the T.O.P. and recorded the evidence and came to a conclusion that the request of the respondents 1 and 2 is bonafide and that the respondents 3 to 7 have not objected the sale of the properties. Therefore, he allowed the T.O.P. and directed the respondents 1 and 2 to sell the third item of the properties for maximum price not less than Rs.19,96,000/ - and file a copy of the sale deed into the Court and also to file statement of expenses incurred once in six months into the said Court.