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MILA (ceo)     03 October 2014

Sale/purcahse of temple land - under public trust

hi

There is a  Hindu temple, a Trust which has a few acres of land under it.

The trustee - under section 38 - of the Indian Trust act, applied for a permission to sell its land, citing that the temple was in dilapidated - distressed-state and that monies were needed .. etc..

 

The Judge listened to the plea but rejected it.. citing the most important reason for rejection of the permission to sell the land being

- the plea was filed under section 38.. but records indicate that its not a private but a public trust and hence any relief should be filed under section 92 of the Civil Procedures act.

 

My questions now are:

 

[1] can a land heled under public trust be sold ?

[2] if so, what would be the method?

[3] the judge advised that relief ( read permission to sell) should be filed under section 92 of the civil procedures code etc... - does that section 92 entertain a possibility of a sale?

[4] if answer to any of the above is yes.. HOW do i go about this..

 

thanks 

Mila

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Learning

 2 Replies

Advocate Ravinder (Advocate/Attorney)     04 October 2014

It can be sold by auction by taking permission from the court.

T. Kalaiselvan, Advocate (Advocate)     07 October 2014

The decision and suggestion by the court is absolutely right, the court suggested to seek relief us 92 of cpc,  The provisions of subsection1(e) and (f) of the code clearly defines the relief sought for by the querist.

Thus Yes is the answer for all the questions posted above.  Contact a local  lawyer for further action in this regard.


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