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6. 09.04.2001 E.M.Gopalakrishna Kone Dharma Trust represented (Ex.P6) by its Trustee E.M.G.Soundarajan sold 6.09 acres in S.No.11/1 to All India Islamic foundation, Chennai(1st respondent). EMG trust till date not discharged. This sale is not done after obtaining Court permission under Section 92 of CPC or Section 34 of Indian Trust Act. Therefore Void.

https://www.mhc.tn.gov.in/judis C.M.S.A.(MD)Nos.40 and 41 of 2016

37.Before concluding, it is also necessary to analyze the legality of the sale effected by the E.M.Gopalakrishnan Kone Dharma Trust in favour of the first respondent. The E.M.Gopalakrishnan Kone Dharma Trust which is the purchaser from V.Alagan and others is a religious and charitable trust. Hence, it cannot alienate the property in favour of the first respondent obstructor without getting proper permission under the relevant provisions namely either Section 34 of the Hindu Religious and Charitable Endowments Act or Section 92 of the Code of Civil Procedure, 1908. Therefore, the very alienation of the petition scheduled property effected by E.M.Gopalakrishnan Kone Dharma Trust in favour of the first respondent trust is void ab initio. Even in that ground, the first respondent do not have a prima facie case to file the Obstruction Application.