The Court decreed a suit filed by a Trust seeking permission to sell a property in Chennai. The Trust had an offer from the Defendant for the best market price. The sale was to be completed within three months.
Civil suit decreed permitting the sale of the scheduled property within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON: 04.01.2018
PRONOUNCED ON: 11.01.2018
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
CS.No.593 of 2017
Rev.R.Israel Jebaraj, Secretary
Sharon Trust, Chennai-53 Plaintiff
Vs
V.Govindarajan Defendant
Prayer:- This Civil Suit is filed under Order VII read with Section 92(f) of CPC,
for the reliefs as stated therein.
For Plaintiff : Mr.Ganesh
For Defendant : Mr.D.Parthasarathy
JUDGEMENT
This Civil Suit had been filed, seeking a judgement and decree,
permitting the Plaintiff to sell the property, bearing No.4C, Karumari Amman Koil Street, Vadapalani, Chennai-26, which is the property more fully described in Schedule-A to the plaint, to and in favour of the Defendant herein and utilize the sale proceeds for moving to a better facility to effectively carry out the objectives and activities of the Trust.
“All that piece and parcel of property being an extent of 3792 sq.ft. situated in No.4C, Karumari Amman Koil Street, Vadapalani 600026, Puliyur Village, Egmore Taluk, Chennai
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District, comprised in TS.No.61/48, Block Number 2, bearing Plot No.4C, measuring an extent of 3792 sq.ft. and bounded on the:-
North by : Land in S.No.61/14 & 61/15, C.S.Santhosh & C.S.Sangeetha Properties, Plot No.4A and 4B South by : Land in S.No.61/13, R.Govindarajan Property, Plot No.4D. East by : Karumariamman Koil Street West by : Land in S.No.62/42, Jayavilas Property
Measuring East to West on the Northern side 90'3”, Southern side 92'6”, North to South on the Eastern side 41'6”, Western side 41'6” together with the building thereof measuring an extent of 6620 square feet comprising of basement, ground, first and second floors and the same is situated within the Registration District of Chennai Central and Sub Registration District of Kodambakkam.”
b. It has been further stated that the Petitioner Trust has been conducting several charitable acts and deeds for the past 27 years since its
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constitution on 7.2.1989 by a deed of declaration of trust registered as Document No.27 of 1989. In order to carry out the objectives of the Trust, vide resolution dated 30.12.2016, it was resoled to sell the Schedule property and the said resolution was also confirmed in the meeting of the Management Committee on 18.02.2017. As per the market conditions, the sale consideration will be Rs.3,00,00,000/- for the total area of 3792 sq.ft. while the guide line value is Rs.4600/- per sq.ft. The Petitioner Trust has also got offers from various prospective purchasers, including the Defendant, who has given the best offer to purchase the property at the prevailing market price dated 6.1.2017 for a sum of Rs.3,00,00,000/-. Since the Defendant has insisted to get permission from the Court, this civil suit had been filed, seeking permission to sell the suit property.
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the view that there is need to sell the Schedule property. Accordingly, the civil suit is decreed as prayed for. No costs. The sale shall be completed within a period of three months. After effecting sale, the Trust shall again approach this
Court for confirmation of sale in accordance with law.
11.01.2018
Index:Yes/No Web:Yes/No Srcm
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11.01.2018
Srcm
Note to Office:-
Issue on 12.01.2018
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C.V.KARTHIKEYAN, J.
Srcm
Pre-Delivery Judgement in
CS.No.593 of 2017
11.01.2018
1 issue framed by the court
Whether to grant permission to the Trust to sell the scheduled property to the Defendant.
1 provisions across 1 enactments
Rev.R.Israel Jebaraj, Secretary Sharon Trust
V.Govindarajan
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
