N C IYANNA Vs. N CHANNAMMA
LAWS(KAR)-1966-12-11
HIGH COURT OF KARNATAKA
Decided on December 15,1966

N.C.IYANNA Appellant
VERSUS
N.CHANNAMMA Respondents


Referred Judgements :-

RAMANUJAM CHETTY V. PADMANABHAM PILLAI [REFERRED TO]



Cited Judgements :-

GIRNAR FOOD AND BEVERAGES PRIVATE LIMITED VS. GODFREY PHILLIPS INDIA LIMITED [LAWS(DLH)-1997-10-12] [REFERRED]
STATE OF GUJARAT VS. CENTRAL BANK OF INDIA AHMEDABAD [LAWS(GJH)-1986-4-19] [REFERRED]


JUDGEMENT

- (1.)These two applications arise in the above appeal which is directed against a decree declaring that the suit trust is void. The trial Court granted a sum of Rs. 55,514 towards Court costs and I.A. No I is by the appellants for stay of the said decree I.A. No II is by the plaintiff for a direction to be issued to the tenants to pay rents to the plaintiff or deposit the same in the Court and further that the appellants should be enjoined not to operate the Bank Account standing in the name of "Neerlahalli Sharnappa Channamma Charitable Trust."
(2.)The tenants whose names are mentioned in paragraph 6 of the affidavit filed in support of I. A. No. II are not before the Court, being not parties and therefore no direction can be issued to them in the said circumstances, I appoint one of the parties, namely, defendant No. 1 (appellant No. 1) as receiver to make rent collections and deposit the same in the State Bank of Mysore, Bellary Branch, to the account of "Neerlahalli Sharnappa Channamma Charitable Trust". The learned Counsel for the appellants submitted that appellant No 1 is willing to act as receiver without remuneration.
(3.)Since the Court below has held that the suit trust is void, the appellant should not be allowed to draw amounts from the Bank account standing in the name of the suit trust without obtaining orders of the Court below for necessities binding on the estate like payment of taxes etc.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.