[Cites 2, Cited by 0]
Madras High Court
M/S. Bhagwan Shree Parashuram vs Nil on 21 January, 2026
CS No. 221 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-01-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
C.S. No. 221 of 2025
1. M/s. Bhagwan Shree Parashuram
Charitable Trust
Rep.by its Managing Trustee,
Mr.Banwarlal Sharma,
Having Address at No.13, Ponnappan Lane,
Chennai-600003
2. Mr.Banwarlal Sharma
Managing Trustee,
Bhagwan Shree Parashuram Charitable Trust,
No.13, Ponnappan Lane,
Chennai-600003
..Plaintiffs
Vs
Nil
..Defendant(s)
Prayer:
Civil Suit filed under Order IV Rule 1 of O.S.Rules and Order VII Rule 1
of CPC r/w Section 92(1) of CPC to pass a judgement and decree permitting
the plaintiffs to sell the Trust Property, morefully described in the Schedule to
and in favours of the intending purchaser.
For Plaintiff(s): Ms.B.Priyanka
JUDGMENT
The present suit has been filed by the plaintiffs to permit them to sell the
suit property.
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2. The case of the plaintiffs is that the 1 st plaintiff is the Trust and the 2nd
plaintiff is Managing Trustee of the Trust. The object of the Trust is to
purchase lands and buildings for the purpose of public dharmasala, bhavans
schools, hospitals, clinics, laboratories, libraries, water booth, gausalas and
also to render help to poor and needy children by means of scholarship,
sponsorship, stipend, free books, prizes, medicines, cloths etc., and for other
public purposes. The said objects of the Trust shall be independent of each
other and the trustees shall from time to time apply the income and funds of
the trust for carrying on the objects of the trust within the territory of Union of
India.
3. The Trust Deed was registered on 20.11.2006 and the 1 st plaintiff-
Trust purchased the land at Jeeva Nagar, Door No.95, Korrukupet, Chennai
comprised in S.No.803 in R.S.No.1846 of Tondiarpet Village. In order to
develop the Trust, the trustees of the 1st plaintiff intends to sell the schedule
mentioned property, which was purchased by the 1 st plaintiff and thereby the
Minutes of Meeting was held on 01.04.2024 and it was resolved to sell the
said property. The 1st plaintiff has power to sell the property, as per Clause
6(8) of the Trust Deed dated 20.11.2006.
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4. There is no defendant in the suit. Already leave was granted by this
Court vide order dated 28.08.2025 in A.No.4215 of 2025 to institute the
present suit under Section 92(1) of CPC. Thereafter, the plaintiffs filed this
suit seeking permission of the Court to sell the property for the benefit of the
Trust. After filing this suit, this Court directed the plaintiffs to cause paper
publication in Tamil daily newspaper and English daily news paper and they
also effected paper publication and no objections have been filed. On the side
of the plaintiffs, the Managing Trustee of the trust was examined as P.W.1 and
marked Exhibits P.1 to P.4.
5. On a careful perusal of evidence of P.W.1 and Exhibits P.1 to P.4,
they revealed that the property belongs to the Trust and the Trust vide
Minutes of the Meeting held on 01.04.2024 decided to sell the property for the
benefit of the Trust. Now, the plaintiffs intend to sell the property to fulfill the
objects of the trust and the above said sale is for the benefit of the trust. The
plaintiffs have produced Ex.P.4, viz., Guideline value of the trust property and
as per the same, the guideline value of the trust property is Rs.1,600/- per
square feet, therefore, the plaintiffs are permitted to sell the property not less
than the guideline value.
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6. Accordingly, the permission is granted to the plaintiffs to sell the suit
mentioned property on the following terms:-
(i) The plaintiffs are permitted to sell the suit mentioned property by way
of Public Auction not less than the guideline value of Rs.1,600/- per square
feet;
(ii) The plaintiff-trust is directed to call for the application effecting vide
paper publication and sell the property through public auction;
(iii) The realisation amount shall be deposited in the account of the Trust
and utilised only for the object of the Trust;
(iv) For safe custody, after completion of sale, the registered sale deed
has to be deposited before this Court and the plaintiffs are at liberty to utilize
the funds for object of the trust. If there is any balance amount after utilization
of the object of the trust, the said remaining amount has to be deposited into
any of the Nationalized Bank and the plaintiffs are permitted to withdraw the
accrued interest once in three months. The memo and calculation are to be
filed along with the registration of the sale deed.
With the above said directions, the present Civil Suit is decreed in
favour of the plaintiffs.
21.01.2026
Index : Yes/No
Speaking Order : Yes/No
ssd
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APPENDIX:
List of Plaintiffs side Witness:
PW1 : Mr. Banwarlal Sharma
List of Plaintiffs side Documents:
Exhibit Date Description of Documents.
No.
Ex.P.1. 17.10.2006 Photocopy of the registered deed of trust of
the 1st plaintiff’s Trust bearing
Ex.P.2 27.11.2006 Photocopy of the registered sale deed in
favour of the Trust Doc.No.3447/2006
Ex.P.3 01.04.2024 Photocopy of the authorisation letter issued
by the 1st plaintiff in favour of the 2nd
plaintiff.
Ex.P.4. - Online printout guideline value of the Trust
property.
21.01.2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
ssd
To
The Sub Assistant Registrar,
O.S.Section,
High Court, Madras
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P.DHANABAL, J.
ssd
21-01-2026
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