Madras High Court

OSA/270/2022 of S.GNANAPRAKASAM Vs S.ANANDAN on 29 September 2026

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O.S.A.No.270 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-09-2026

CORAM

THE HON'BLE MR JUSTICE P. VELMURUGAN

AND

THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR

O.S.A.No.270 of 2022

CNR: {HCMA011424062021}

S.Gnanaprakasam

S/o.Late V.N.Sambantham Chetty,

No.16/23, First Narayanan Street,

Peththu Naickenpet, Elukinaru,

Chennai - 600 001.

..Appellant

Vs

1. S.Anandan

No.24, Tirunavukkarasu Streeet, Triplicane, Chennai 600 005.

2. S.N.Ravichandran

No.24, Tirunavukkarasu Streeet, Triplicane, Chennai 600 005.

3. A.Sharmil

No.24, Tirunavukkarasu Streeet, Triplicane, Chennai 600 005.

..Respondents

Prayer: This Original Side Appeal is filed under Order XXXVI Rule 1 of Original Side Rules to set aside the Judgment and Decree dated 09.12.2020 in Application No.1314 of 2020 in Application No.1267 of 2020 in CS.No.5 of 1965 on the file of this Court.

O.S.A.No.270 of 2022

For Appellant:

A.K.M.Samsu Nihar

For Respondents:

Mr.B.Sarankumar for Mr.D.Rajagopal

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JUDGMENT

(Judgment of the Court was delivered by P.Velmurugan J.) The respondents filed the Application No.1314 of 2020 in A.No.1267 of 2020 in C.S.No.5 of 1965 seeking permission of the Court to sell the schedule mentioned Trust property and enable the respondent to deposit the amount in the name of the Trust and to carry out the charitable work and temple activities as per the deed executed by the author of the Trust.

The learned Single Judge vide order dated 09.12.2020 allowed the application permitting the applicant to sell the Trust property, aggrieved against the same, the appellant is now before us with the present Original Side Appeal.

According to learned counsel for the appellant as per the Trust Settlement Deed the appellant’s father was the first trustee and he was granted permission to live in one portion of the house property till his death and thereafter his legal heirs can live in the property. The learned Single Jude without considering the said facts and the contents of the Trust Settlement Deed, erroneously granted permission to sell the Trust Property, in which the appellant is living.

O.S.A.No.270 of 2022

The learned counsel for the respondents submitted that since the trust property has become highly dilapidated and is not fit for dwelling the respondents filed an application seeking permission of the Court to sell the same and deposit the monies into the Trust’s account. The learned Single Judge also considering the facts and circumstances of the case, granted permission, which does not call for any interference of this Court.

Heard the learned counsel appearing on either side and perused the materials available on record.

It is seen that originally the appellant’s father one V.N.Sambantha Chetty was appointed as Trustee to manage the affairs of the Trust properties. Thereafter Saravana Chetty and Ratna Sabapathi Chetty filed A.No.2630 of 1986 to remove the said Sambantha Chetty from managing trusteeship for the alleged misfeasance and malfeasance. This Court by an order dated 24.01.1989, removed the said Sambantha Chetty and appointed one S.Chandrasekaran, who is the son of V.N.Sambantha Chetty along with Saravana Chetty and Ratna Sabapathy Chetty. Due to non co-operation of the S.Chandrasekaran S/o.V.N.Sambantha Chetty, the other Members of the Trust moved this Court and vide order dated 03.03.1998, this Court removed the said S.Chandrasekaran and appointed one Ananthan, who is the son of Saravana Chetty.

O.S.A.No.270 of 2022

While that being so, on 04.10.2005, one of the Members viz. Ratna Sabapathy Chetty resigned from the Trust Board and on 14.12.2015 the other Member Saravana Chetty also passed away and thereafter it is only Ananthan, who is maintaining the Trust. The said Anandan moved A.No.7874 of 2017 to nominate two more Members namely S.N.Ravichandran and Sharmila and this Court also vide order dated 04.12.2017 approved the said appointment.

Thereafter since the schedule mentioned property has become highly dilapidated and not fit for dwelling, the respondents moved this Court seeking permission to sell the Trust property and this Court also allowed the applicants, who are the respondents herein to sell the Trust property giving liberty to approach this Court as and when a buyer is identified. Therefore the respondents filed the present application, since one Shiv Narayanan has agreed to buy the Trust property for a sum of Rs.1,03,70,000/-. The learned Single Judge observing all the above facts and considering the condition of the schedule mentioned property, accorded permission to sell the schedule mentioned Trust property to the said Shiv Narayanan for Rs.1,03,70,000/-.

The appellant’s father has lost his rights in the Trust property as early as in the year 1989 itself vide order of this Court dated 24.01.1989 and hence the appellant under the shelter of his father cannot claim any right to live

O.S.A.No.270 of 2022

in the Trust property. Furthermore, the schedule mentioned property has become highly dilapidated and not fit for dwelling.

Therefore considering the facts and circumstances of the case, this Court does not find any reason to interfere with the order of the learned Single Judge and there is no merit in the appeal.

Accordingly the appeal shall stand dismissed. No costs. (P.V.,J.) (G.K.M.,J.) 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cgi

O.S.A.No.270 of 2022

P.VELMURUGAN, J. AND GK.MUTHUKUMAAR, J. cgi O.S.A.No.270 of 2022 29-09-2026

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