Madras High Court
No.102 vs Unknown on 4 December, 1989
1 O.P.No.129 of 2019 K.KALYANASUNDARAM, J., This petition has been filed under Section 7 of Charitable and Religious Trusts Act, 1920 to sell the schedule mentioned property at No.102, (Old No.38, Seven Wells Street, Seven Wells, Chennai - 600 001), measuring an extent of 416 sq.ft comprised in R.S.No.1065/2, to fetch with entire portion and to permit the petitioner to invest the sale proceeds to any nationalised bank and to use the interest for meeting the expenses and maintaining the Society and also to fulfill the object of the Society.
2. The petitioner would state that the property sought to be sold originally belonged to one T.Govindamma and others and it was sold in the year 1970 in favour of one Krishnaveni. The said Krishnaveni and others sold the same to K.Malleswari vide sale deed, dated 04.12.1989 and eventually it was purchased by one P.Sabitha.
3. The petitioner would further state that one Mrs.S.M.Mumtaj Begum formed a Trust in the name of M/s.Noor Mohamed Trust and the same was registered as Document No.167 of 2001, dated 08.02.2001 and the following persons were appointed as Trustees:-
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1) Mr.A.A.Noor Mohamed, 2) Mr.O.S.Ameerudeen, 3) Mr.E.Yahoob,
4) Mr.A.N.Safikur Rahman. Subsequently, the Trust purchased the first item of the petition property from the said P.Sabitha vide document No.436 of 2001 and 04.04.2001 and the second item of the property from the said K.Malleswari vide Document No.565 of 2001.
4. It is the case of the petitioner that the Trust was created to render help and assistance to the poor and downtrodden, widows and etc., and out of 4 Trustees, the 1st Trustee-A.N.Noor Mohamed died on 23.11.2005 and the another Trustee-O.S.Ameerudeen, died on 09.03.2009 and the Settlor of Trust died on 27.08.2013. Thereafter, the Trust has become non-working.
5. It is further stated that the Trust is not yielding any income and therefore, they decided to sell the property as per Clause 12 of the Trust Deed and invest the sale proceeds in a beneficial manner. The Trustees consulted a registered valuer viz., Mr.M.Ajeez Mohideen, B.E., to get correct market value of the schedule property and he inspected the schedule properties on 22.02.2018 and certified that the value of the schedule property will about Rs.24,48,010/-. According to the Trustees, it Page No.2/7 http://www.judis.nic.in 3 is in the interest of the Trust to sell the same and invest the sale proceeds in a beneficial manner.
6. One of the Trustees viz., Mr.A.N.Safikur Rahman was examined as P.W.1 and marked Exs.P1 to P21 viz., Exs Documents Dated P1 Certified copy of the sale deed executed by 19.01.1970 T.V.Govindamma & others in favour of S.Krishnaveni. P2 Certified copy of the sale deed executed by 04.12.1989 S.Krishnaveni & others in favour of K.Malleswari & other.
P3 Photocopy of the extract from the permanent land 06.01.1990 register P4 Certified copy of the Release Deed executed by 06.12.1993 Dinakaran in favour of C.Malleswari.
P5 Certified copy of the Sale Deed executed by 19.04.2000 K.Malleswari in favour of P.Sabita P6 Certified copy of the Trust Deed, executed by 08.02.2001 Mrs.S.M.Mumtaz Begum & others.
P7 Certified copy of the Sale Deed executed by P.Sabitha 04.04.2001 in favour of the petitioner-Trust.
P8 Certified copy of the Sale Deed executed by 30.04.2000 K.Malleswari in favour of the petitioner Trust P9 Photocopy of the death certificate of A.A.Noor - Mohamed, who died on 23.11.2005 P10 Photocopy of the Legal Heirship Certificate in respect 24.03.2006 of the deceased A.A.Noor Mohamed P11 Computer Generated Death Certificate of - O.S.Ameeruddin, who died on 09.03.2009 Page No.3/7 http://www.judis.nic.in 4 Exs Documents Dated P12 Computer Generated Death Certificate of S.M.Mumthaj - Begum, who died on 27.08.2013 P13 Photocopy of the Legal Heirship Certificate in respect 10.03.2014 of the deceased S.M.Mumtaj Begum P14 Photocopy of the Electricity Charges Card bearing - Service No.37780592, standing in the name of M/s.Noor Mohamed Trust P15 (Series 2 Nos) Photocopies of the Water Tax receipts 24.08.2015 standing in the name of M/s.Noor Mohamedia Trust and 08.02.2017 P16 Computer Generated Property Tax receipt standing in 24.04.2017 the name of M/s.Noor Mohamedia Trust P17 Photocopy of the Certificate of Encumbrance 09.06.2017 P18 Web copy of the market value guidelines from - 09.06.2017 in resepct of Muthiyalpet Village P19 Photocopy of the Rectification of Sale Deed executed 30.10.2017 by R.Malleswari in favour of M/s.Noor Mohamedia Trust, represented by its Trustees P20 Photocopy of the Rectification of Sale Deed executed 22.11.2017 by R.Malleswari in favour of M/s.Noor Mohamedia Trust represented by its Trustrees P21 Original Valuation Report 23.02.2018 He has further stated in his evidence that he has not filed any other petition before any other Court seeking the same relief.
7. Intending Purchasers, viz., Mr.R.Krishnamohan and Mrs.K.Malleswari were examined as P.W.2 and P.W.3 and marked Exs.P22 to Page No.4/7 http://www.judis.nic.in 5 P29, viz., Exs Documents (P.W.2) Dated P22 (Series 2 Nos) Original Receipts standing in the name of 30.03.2019 P.W.2 issued by Kanniga Parameswari Chits Private Limited P23 Photocopy of the bank passbook for the account in - No.325701000006553, maintained by P.W.2 with Indian Overseas Bank, Mint Branch P24 Photocopy of Pension Payment Order - P25 Income Tax Return Acknowledgment for the - Assessment Year 2018-19 along with the photocopy of the balance sheet.
Exs Documents (P.W.3) Dated P26 (Series 2 Nos) Original Receipts standing in the name of 30.03.2019 P.W.3 issued by Kanniga Parameswari Chits Private Limited P27 Photocopy of the bank passbook for the account in - No.325701000006559, maintained by P.W.3 with Indian Overseas Bank, Mint Branch P28 Original Receipt 21.06.2018 P29 Income Tax Return Acknowledgment for the - Assessment Year 2018-19 along with the photocopy of the balance sheet.
8. Considering the averments made in the above petition and the oral and documentary evidence produced by the petitioner, I am satisfied that the sale of the property will be for the benefit of the Trust. Hence, this Page No.5/7 http://www.judis.nic.in 6 original petition is ordered on the following terms:-
(1) The petitioner-Trust is permitted to sell the schedule mentioned property and invest the sale proceeds in a a Nationalized Bank and to use the interest for meeting the expenses and maintaining the Society and also to fulfill the object of the Society.
(2) After completion of the transaction, the petitioner-
Trust shall file a xerox copy of the sale deed and the deposit receipt.
17.09.2019 rns Page No.6/7 http://www.judis.nic.in 7 K.KALYANASUNDARAM, J., rns O.P.No.129 of 2019 17.09.2019 Page No.7/7 http://www.judis.nic.in