Trust Original Petition before District Court seeking permission to sell trust property District Court granted permission - Third party filed a Revision challenging order of Court - Private Trust alone can maintain Petition under Sections 34 and 39 of Trusts Act Public Trust should file Application under Section 92 of C.P.C - Difference between private trust and public trust explanation.

Citation 

2010 (5) CTC 438 (Mad)

IN THE HIGH COURT OF MADRAS

A. Selvam, J.

C.R.P.(MD) No.2422 of 2008 & M.P. No.3 of 2008 and C.R.P. (MD) No.134 of 2009 & M.P. No.1 of 2009.

September 14, 2009

K. Srinivasan; R. Balasubramaniam...Petitioner

Vs. 

G. Kuppusamy Naidu Memorial Sport Trust, Kovilpatti, Through Its Present Trustee-cum-secretary K. Selvaraj, S/o. Appasamy Naidu, Lakshmi Mills Bungalow, Lakshmipuram Post, Kovilpatti, Tuticorin Disrict; Thangamahalakshmi Realters Pvt. Ltd., Through Its Managing Director, Mr. K. Chandrasekaran, No.351, Main Road, Kovilpatti, Tuticorin Disrict. [2nd Respondent Is Impleaded as Per Order Dated 23.1.2009 Made in M.P.(MD) No.1 of 2009 by Npv,j.]...Respondent

Indian Trusts Act, 1882 (2 of 1882), Sections 34 & 39 Constitution of India, Article 227 Code of Civil Procedure, 1908 (5 of 1908), Section 92 Public Trust vis-à-vis Private Trust Test to be applied Factors relevant Respondent filed a Trust Original Petition before District Court seeking permission to sell trust property District Court granted permission treating Trust as a Private Trust - Third party filed a Revision challenging order of Court below granting permission to sell trust property Whether Petition filed under Sections 34 and 39 of Act is legally maintainable - Held, Private Trust alone can maintain Petition under Sections 34 and 39 of Trusts Act Public Trust should file Application under Section 92 of C.P.C. Trust Original Petition filed before District Court is not maintainable.

Code of Civil Procedure, 1908 (5 of 1908), Section 92 Public Trust vis-à-vis Private Trust Test to be applied to find out nature of Trust - Factors relevant - Primary object of Trust is sine qua non to ascertain nature of Trust Section 92 contemplates express or constructive trust created for public purpose of charitable or religious nature- Respondent- Trust had been created for promoting sports activities Primary object since comes within purview of charity, held, Respondent-Trust is a Public Trust within meaning of Section 92of C.P.C.