IN RE: R. SUBRAMANIAN CHETTIAR Vs. STATE

JUDGEMENT

(1.) The petitioner filed Trust O.P. No. 1 of 2013 before the learned District Judge, Sivagangai. The Original Petition was filed to grant permission to sell the property owned by the Trust. The learned trial Judge having found that the petitioner has not produced relevant documents including the resolution passed by the Trust to sell the property and the income tax returns of the Trust, dismissed the application. The said order is under challenge in this revision. The learned counsel for the petitioner contended that the petitioner was not given reasonable opportunity to produce documents. According to the learned counsel, the learned Trial Judge erred in dismissing the application by denying the request to sell the property.

(2.) The petitioner filed the Trust Original Petition before the learned District Judge, Sivagangai. The petitioner wanted the learned District Judge to grant permission to sell the property appended to the schedule to the Original Petition.

(3.) The property belongs to a Trust. In an application under Section 34 of the Indian Trusts Act, 1882, the applicant should plead and prove that the property belongs to the Trust, the instrument of Trust permits such sale, the Trust Board took a decision to sell the property, the sale was necessitated on account of certain events and all other relevant circumstances. The Court should be satisfied that the petitioner is entitled to file an application under Section 34 of the Indian Trusts Act. The Court should also be satisfied that a situation has arisen to sell the Trust property. The resolution passed by the Trust Board should be produced before the Court. The petitioner, in such an application, must plead and prove that the instrument of Trust permits the alienation of property. In case there is a specific prohibition against alienation of Trust property, it would not be a sound exercise of jurisdiction to permit the Trustees to sell the property.