Application/suit under Section 92 seeking permission to sell Trust property is maintainable

Citation 

(2024) 1 MLJ 155

LNINDORD 2023 MAD 2675

 [A.R.R. Charitable Trust v. Amrita Vishwa Vidyapeetham]

(R. SUBRAMANIAN, J.)

- Public Charities - Application by a Trust seeking permission for sale of its property - Code of Civil Procedure, 1908, Section 92(1)(f) - Invocation of Section 92 is not restricted to cases where there is a breach of trust - It can be invoked either in a case where there is a breach of trust or where a direction of the Court is deemed necessary – The language of Section 92 CPC permits the Trustees to move the Court in case where a direction of the Court is deemed necessary for the administration of the Trust and it includes within its sweep the matters which are not contentious also - It has been the practice of this Court to entertain application or the suits under Section 92 with a prayer for sale of the property in terms of Section 92(1)(f) for a considerably long time - Applying the doctrine of cursus curiae est lex curiae, the practice of the Court is the law of the Court - Application/suit under Section 92 seeking permission to sell Trust property is maintainable under Section 92(1)(f) of the Code of Civil Procedure (Paras 8, 16 & 17) - Reference answered.