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
-