SENNIMALAI SWAMY MADAM TRUST PALANI Vs. NIL

JUDGEMENT

(1.) PETITIONER in O. P. No. 7 of 1996 on the file of principal District Judge, Dindugul is the revision petitioner herein.

(2.) AN application was filed under Section 7 of the charitable and Religious Trusts Act, 1920 by petitioner for opinion, or advise or direction of the Court for sale of immovable properties belonging to the trust. By the impugned order lower court dismissed the same on the ground that there are vacancies in the Board of Trustees and unless the same is filled up, it will not consider the request for giving opinion. The application was dismissed.

(3.) IN IN Re Birla Jankalyan Trust, AIR 1971 Cal. 290 in para 12 of the judgment, their Lordships held thus, '12. The said Section 7 entitles a trustee to apply for the direction, advice or opinion of the Court with regard to the management or administration of the trust property where the trust is a public charitable or religious trust. Under Sub-section (2) of the said Section 7 directions were obtained for services upon the INcome-tax Officer.'b' ward, Companies'Dist. I. as well as the Commissioner of INcome-tax west bengal I. The proviso to sub-section (1) of the said section lays down that the court will refuse to consider the matter if the questions involved in the matter in which its advice or opinion has been sought are not capable of summary disposal.' (Italics supplied)