PUNDI PATTAMAL SRINIVASA IYENGAR TRUST Vs. XXX

JUDGEMENT

(1.) Pundi Pattamal Srinivasa Iyengar Trust (in short 'Trust') had filed an Original Petition under Sec. 34 of the Indian Trusts Act, 1882 praying that the trustees be permitted to sell the property at Old Survey No.2181, Re-Survey No.1459, bearing Door No.25, Thandavaraya Mudali Street, Triplicane, Chennai to an extent of 2386 sq.ft. (in short 'schedule property') and such that the Trust may utilise the sale proceeds for its welfare and for furtherance of its objects. The Original Petition had come to be dismissed on 23/8/2023, as against which, the present appeal has been filed.

(2.) Mr.Murali Kumaran, learned Senior Counsel appearing for Mr.S.Subramaniya, learned counsel on record for the appellant/Trust would assail the impugned order dtd. 23/8/23 and take us through several judgements to illustrate the proper position of law in regard to the procedure for permission for the sale of assets of trusts, both public and private charitable trusts.

(3.) The deed of the trust of petitioner has been placed before us, per which, the petitioner is a public trust. This becomes apparent from the objects extracted below:-