COMMISSIONER, H R AND C E DEPARTMENT Vs. MANALI LAKSHMANA MUDALIAR SPECIFIC ENDOWMENT REPRESENTED BY ITS HEREDITARY TRUSTEE MANALI RAMAKRISHNAN MUDALIAR

JUDGEMENT

(1.) The Commissioner of Hindu Religious and Charitable Endowments Department, has filed this appeal against the judgment and decree dated 30.04.2001 made in O.S. No. 184 of 2000 granting the decree in favour of the plaintiff/respondent to sell an extent of Ac.14.14 out of lands belonging to the plaintiff to the Pudupalayam Co-operative House-site society at the rate of Rs. 1,25,000/- per acre. The correctness of the said decree is canvassed by the appellant on the ground that the suit by the plaintiff is not maintainable in view of Section 108 of the Hindu Religious and Charitable Endowments Act. A prior permission has to be obtained under Section 34 of the Hindu Religious and Charitable Endowments Act before any alienation is made in respect of the properties of the Endowment.

(2.) The facts of the case are : Manali Ramakrishnan Mudaliar, the hereditary trustee of Manali Lakshmana Mudaliar Specific Endowment, filed a suit on the premise that the suit properties situated in Pudupalayam, Cuddalore are the trust properties, and that there were more than 200 persons, who had occupied the properties last several decades ago and constructed more than 40 brick built terraced houses, besides tiled buildings and huts and the trust was not deriving any income from the suit property for several decades. The occupants of the property have formed a society among themselves under the name of Pudupalayam Co-operative House Sites Society (E. No. 2513) (hereinafter called 'the society'); that all the attempts made by the plaintiff to evict them were resisted by the occupants and as well as by the society and the trust was not able to recover possession of the property. In the said circumstances, permission was sought for from the Commissioner, H.R. & C.E. Department, Nungambakkam to dispose of the suit properties. The defendant/appellant in their letter in C. No. 29538/60 dated 22.04.1960 permitted the plaintiff to sell the properties by public auction. The society formed by the occupiers of the property resisted the public auction to be conducted by the plaintiff. There was no takers of the property in the public auction so conducted as the properties were under the occupation and possession of the members of the society. No third party was inclined to purchase the same. Hence, the properties could not be sold in the public auction.

(3.) Taking into consideration the fact that the property did not yield any income, but under the occupation of several persons for several decades, a settlement was reached, rather a compromise was arrived at the instance of eminent persons and dignitaries, whereby the society itself offered to purchase the suit properties and distribute the land amongst its members. The Society offered to purchase the property at the rate of Rs. 1,25,000/- per acre. According to the plaintiff, it was a reasonable proposal and hence, the plaintiff once again applied to the defendant to modify the permission already given and permit him to sell the property to the society at the rate of Rs. 1,25,000/- per acre by letter dated 17.06.1999. Despite the fact that more than a year had lapsed, the defendant did not give any reply and when the plaintiff personally approached the defendant, the defendant refused to give any answer for the sale of the property. The plaintiff, finding no other option, filed a suit under Section 92 of the Civil Procedure Code by arraying the Commissioner as a party respondent to the suit and sought for the relief of permission permitting the plaintiff to sell the suit property for Rs. 17,67,500/- to Pudupalayam Co-operative House site society.