Case Law Details
K. Dhananjayan Vs Love And Concern (Madras High Court)
Madras High Court held that the suit can be maintained by a representative of the Trust in terms of the Trust Deed for and on behalf of the Trust.
Facts- The suit had been instituted by the Trust. Originally, the Trust had entered into a Tenancy Agreement and thereafter, a Sale Agreement. No Trust Deed had been filed along with the plaint to show that the plaintiff legally registered the Trust under the Indian Trust Act. He would further submit that the plaintiff had not produced any authorization letter or document along with the plaint to show that the President of the Trust is entitled to represent the Trust. Hence, the Trust has no locus standi to file a suit by itself or through Mr.John Venkatesan. He would further submit that the cause of action to file a suit beyond three years from the date of the Agreement of Sale is not available as the same is barred by law of limitation.
Conclusion- In the present case, the Trust Deed produced by the plaintiff would suggest that the President who is one of the trustees is entitled to file a suit. A conjoint reading of the aforesaid judgments along with the judgments of the Division Bench of this Court reported in 2003 (3) CTC 209 would only allow me to draw upon a conclusion that the suit can be maintained by a representative of the Trust in terms of the Trust Deed for and on behalf of the Trust.
FULL TEXT OF THE JUDGMENT/ORDER OF MADRAS HIGH COURT
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
