Madras High Court
Vedanta Sasthra Prachara Trust ... vs Shriguru Chandrikananda Samithi ... on 24 March, 2022
C.S.No.11 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.03.2022
CORAM
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
C.S.No.11 of 2022
1.Vedanta Sasthra Prachara Trust (PAN : AAATV3221C)
Rep.by its Executive Trustee – Mr.P.R.Parasuraman,
Sri Swami Chidbhavananda Ashram,
Post Box No.23, Vedapuri,
Chatrpatti Road, Theni District – 625 531.
2.Mr.P.R.Parasuraman
3.Mr.G.Viswanathan .. Plaintiffs
/versus/
Shriguru Chandrikananda Samithi (PAN : AAITS3463M),
Rep.by The Chairman and the Managing Trustee -
Dr.K.Venkatesan,
E-Block, 3 A Raintree Apartments,
No.21, 2nd Cross Street, Venus Colony,
Alwarpet, Chennai – 600 018. ..Defendant
Prayer: Civil Suit has been filed under Section 92 CPC read with Order
VII, Rule 1 of CPC and Order IV Rule 1 of Madras High Court Original
Side Rules praying to pass a judgment and decree :-
(a) permitting the first plaintiff, represented by its Trustee/s to sell
the property being Old No.07, New No.13, Karpagam Garden 1st Main
Road, Adyar, Chennai – 600 020, of an extent of 3600 sq.ft (consisting of
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C.S.No.11 of 2022
Stilt plus two floors with built up area about 5500 sq.ft or thereabouts)
more clearly described in the Schedule hereunder, in favour of the
defendant for a total sale consideration of Rs.8.55 crores and in terms of
the sanction letter dated 22.02.2021.
For Plaintiffs : M/s.Rank Associates
For Defendant : Mr.Praveen Kumar
JUDGMENT
The suit has been filed by Vedanta Sasthra Prachara Trust under
Section 92 of the Code of Civil Procedure, 1908 seeking permission to
sell the schedule mentioned property to the defendant.
2.The first plaintiff is a Public Charitable Trust, established vide a
registered Deed of Trust dated 09.11.1992 and registered as Document
No.226 of 1992 on the file of the Sub Registrar Office, Theni. The main
objects of the Trust is to ensure benefits to the public without
discrimination or distinction of caste or religion. It is further stated that
several members of the public were benevolent enough to contribute to
the activities of the Trust, one such contribution was made by Mrs.Lalitha
Narayan, who had donated an immovable property situated at Old No.07,
New No.13, Karpagam Garden 1st Main Road, Adyar, Chennai – 600 020
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C.S.No.11 of 2022
to an extent of 3,600 sq.ft by way of a Settlement Deed registered as
Document No.1329 of 2015 on the file of the SRO, Adyar. As per the
settlement deed, the settlor has given powers of alienation to the Trust,
subject to her right to stay in the said property or in a portion of the
property upto her lifetime. The said settlor passed away on 18.6.2018.
Hence, the first plaintiff Trust has become the absolute owner of the
scheduled mentioned property. It is further stated that the first plaintiff
Trust is situated at Theni, far away from Chennai and the scheduled
mentioned property could not be put to effective use for the benefit of the
Trust or towards fulfillment of the objects of the Trust. Hence, the Board
of Trustees have passed a resolution on 04.02.2021 to sell the property
for the benefit of the Trust and invited tenders through paper publication.
In pursuance to the said publication, the defendant/Public Religious Trust
has come forward to purchase the property for a total sale consideration
of Rs.8.55 crores. Hence, the present suit has been filed seeking
permission to sell the property to the defendant.
3.On the side of the plaintiff Mr.P.R.Parasuraman, the Executive
Trustee of the Trust was examined as P.W.1 and marked 11 documents
as Exs.P1 to P11. On the side defendant one document was marked as
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C.S.No.11 of 2022
Ex.D1, but no witness was examined.
4. Out of which, Ex.P11/Valuation Report shows that total value of
the suit schedule property is Rs.8.10 crores and the defendant has come
forward to purchase the property for a total sale consideration of Rs.8.55
crores. Further, Ex.P7/Minutes of Tender clearly shows that the
defendant is the successful bidder and as per the tender condition the
defendant has to make part payment, being 25% of the tender amount to
the first plaintiff Trust, within a period of 30 days from the date of the
allotment letter i.e on 22.02.2021.
5.When the matter was taken up for hearing on 17.03.2022, this
Court directed the plaintiff to deposit 25% of tender amount, which was
already deposited by the defendant/proposed purchaser before the
Registry to the credit of C.S.No.11 of 2022 and this Court also directed
the defendant to deposit the balance sale consideration to the credit of
C.S.No.11 of 2022 on or before 18.03.2022. On 21.03.2022, when the
matter was taken up for hearing both the counsel on record seeks time to
file a memo along with Demand Drafts before the Registry. This Court
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C.S.No.11 of 2022
with intention of giving one more opportunity to the parties, directed the
matter to be listed on 24.03.2022.
6.Today, when the matter is taken up for hearing, the learned
counsel for both sides submitted that the order of this Court has been
complied with.
7. Considering the facts of the case and the submissions made by
the learned counsel on either side, this Court is of the opinion that the
plaintiffs are entitled for a decree as prayed for in the suit.
8. Accordingly, the Suit is decreed as prayed for. There shall be no
order as to costs.
9. Registry is directed to deposit the total sale consideration of
Rs.8.55 crores in any one of the Nationalized Banks in interest bearing
fixed deposit scheme to the credit of Trust bearing account. On such
deposit, the first plaintiff Trust is permitted to withdraw the interest
accrued in the bank deposit as and when required and the same shall be
used for fulfilling the objects of the Trust.
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C.S.No.11 of 2022
24.03.2022
Index: Yes/No
Speaking Order /Non-speaking order
ms
To
The Sub Assistant Registrar,
Original Side,
High Court, Madras.
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C.S.No.11 of 2022
APPENDIX
I. Witnesses :
Plaintiffs :
PW1 Mr.P.R.Parasuraman
II. Exhibits :
Exhibits Dated Nature of the documents
P1 04.02.2021 Photocopy of Board Resolution passed by Trustees
P2 09.11.1992 Photocopy of Deed of Trust registered as Document
No.226 of 1992
P3 13.5.2015 Photocopy of the Settlement Deed registered as
Document No.1329 of 2015 dated 13.5.2015
P4 08.02.2021 Photocopy of paper publication (Chennai Edition)
P5 08.02.2021 Photocopy of paper publication (Madurai Edition)
P6 06.02.2021 Photocopy of Technical Inspection Report evaluating
the market value of the property
P7 22.02.2021 Photocopy of Minutes of Tender Meeting
P8 22.02.2021 Photocopy of Sanction Letter given by the plaintiff to
defendant
P9 24.02.2021 Photocopy of acceptance letter given by the defendant
P10 19.08.1972 Print out copy of Sale Deed
P11 06.02.2021 Original Valuation Report
III. Exhibits : (Defendant)
Exhibits Dated Nature of the documents
D1 04.02.2021 Extract of the Board Resolution
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P.VELMURUGAN, J.,
ms
C.S.No.11 of 2022
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