- (1.)APPLICATION Nos. 6270 of 1991, 200, 6224 and 6308 of 1992 and 4369 of 1993 are for issue of directions to the Official Trustee to lease out a portion of the vacant land in No. 68, Jcrmiah Road, Vepery, on such conditions and terms as may be fixed by this Court to the respective applicants. The applicants have also given their offers in the affidavits filed in support of the applications. APPLICATION Nos. 2080 of 1993 and 2081 of 1993 are for direction to the Official Trustee to sell a portion of the land in the same premises to the applicants therein. They have also set out their terms. After arguments were heard, it was found that each applicant was improving upon the offer already made in the affidavit and I suggest that each applicant should give his final offer in writing and put it in a sealed cover and hand over to the Court Officer before 1-30 PM on 10.8.1993. The said direction was given by me on 6.8.1993, when the arguments concluded. Accordingly, the offers have Been put in scaled covers and placed before me. To-day when the case is taken up for pronouncing my orders, learned counsel for the applicant in APPLICATION No. 6270 of 1991 represents that he could not contact his client earlier and he has no made an offer, which is put in a sealed cover and he wants that also to be considered by me. Counsel appearing for the other applicants raise an objection that the time limit fixed by me having expired, it is not open to any of the parties to give a fresh offer. The reason given by learned counsel is that after submitting the offers to the Court in sealed covers, the parties have been giving out the offers made by them in the scaled covers. Thus, according to learned counsel, the applicant in A. No. 6270 of 1991 would have come to know the offers made by the other parties and made a better offer to-day in order to get the lease. I accept the reasoning of landlord counsel and hold that it is not open to any of the parties to make an offer after 1-30 PM of 10.8.1993. Consequently, I refuse to accept the scaled cover given by Mr. Vijayakumar, learned counsel for applicant in Appln. No. 6270 of 1991. The offer made in the application will be treated as his final offer.
(2.)NOW, the sealed covers are opened in Court and I find the following offers have been made. In Application No. 200 of 1992, the offer is made to pay Rs. 21,00,501 as non-refundable advance and a monthly rent of Rs. 3000/- for a vacant land in the rear side of the premises for a period of 60 years with an option to renew the same for further period. In Application No. 6224 of 1992, the offer is to pay a monthly rent of Rs. 15,000/- for a lease of an extent of 4 grounds and 342 sq. ft. with the frontage on the Hunters Road for a period of 25 years with condition to extend by mutual consent for another 25 years with enhanced rent and to provide a building for a total area of 840 sq. ft. in the ground floor consisting of a room for the use of library of a carpet area of 700 sq. ft. and lavatory and bathroom of carpet area of 140 sq. ft. In Application No. 6308 of 1992, the applicant offers a non-refundable advance of Rs. 21,00,000/- and rent at Rs. 2000/- per mensem for a lease for a period of sixty years. The offer also says that no compensation will be claimed for superstructure constructed by the applicant and a sum of Rs. 5,00,000/- will be deposited immediately within 24 hours after confirmation and the balance of Rs. 16,00,000/- will be deposited within four weeks. It is also stated that in case the amount of Rs. 16,00,000/- is not paid within four weeks, a sum of Rs. 2,00,000/- from the initial deposit may be forfeited. A plan is attached to the said offer showing the area that is sought for lease. It is shown in red. The extent is mentioned as 4 grounds on the Hunters Road side. In Application No. 2080 of 1993, there is no fresh offer. Learned counsel says that the applicant sticks to his prayer for sale of a land measuring 5 grounds to the applicant or his nominee or jointly at the guideline value rate as registered on 1.4.1993 at the Sub Registrar's Office, Vepery, Madras-7. In application No. 2081 of 1993, the otter is to pay a sum of Rs. 32,00,000/- by way of non-refundable advance and a sum of Rs. 2,40,000/- towards rent for ten years at Rs. 2000/- per month, for granting lease of vacant land in the rear side of the premises for a period of 60 years with an option to renew the same for further periods for which amounts will be paid in advance. In Application No. 4369 of 1993, the applicants have offered to pay a sum of Rs. 25,10,500/- by way of non-refundable deposit and Rs. 4800/- per month by way of rent with a 5% increase in the rent every three years. It is also stated that if the Court considers the said offer to be low, the applicants will abide by any direction which may be given by this court regarding rent and deposit.
Before considering the offers and the contentions of all counsel in these matters, it is necessary to set out the history of this property which is involved in these applications.

The property belonged to Dewan Bahadur Saravana Bavanandam Pillai, who was a pious man and very much interested in the promotion of Tamil Nadu and its literature and culture. He wanted to do his part for propagation of Tamil language and literature and during his lifetime, he started an academy, called Bavanandam Academy. He had collected as many as 12,000 books and was running a library under the name and style ?Bavanandam Academy Library?. In his own words, the Academy was founded for promoting co-operation regarding such matters as are intimately connected with the physical, intellectual, moral, social, political, economical, commercial, industrial and agricultural well-being of the people in general and to make such steps as may be found necessary from time to time to achieve the end in view of diffusion of useful knowledge, especially regarding applied sciences adapted to the local requirements treated in a popular manner in English and Vernaculars in general and Tamil in particular.

Mr. Bhavanandam Pillai died on 22.5.1932. He left a registered will dated 27.4.1930. Under the will, he appointed as many as seven executors to take possession of all his properties. He provided in the will for performance of annual ceremony for himself and his deceased brother Murugesam Pillai. He directed that on the anniversary days, the executors shall feed 100 people through the Annadhana Samaiam of Purasawakam and a Kandapurana Kalakshepam shall be held on his anniversary day every year at a cost not exceeding Rs. 100/- at the premises of ?Bhavanandam Academy? founded by him. Clauses 8 to 11 of the will read as follows:?

?8) My immovable property called ?Newton House? and its annexes situated between Church Road and Hunter's Road, Vepery, shall be continued to be used for an Academy called the ?Bhavanandham Academy? founded, financed, and endowed solely by me several years ago to promote co-operation regarding such matters as are intimately connected with the physical, intellectual, moral, social, political, economical, commercial, industrial and agricultural wellbeing of the people in general and to take such steps as may be found necessary from time to time to achieve the end in view of diffusion of useful knowledge, especially regarding applied science adapted to the local requirements treated in a popular manner in English and Vernaculars in general and Tamil in particular. The books of several languages in my possession and which have liven collected so as to form the nucleus of the headquarters of a library shall not be lent outside the premises of the ?Bavanandam Academy?. 9) A large granite stone bearing ?Bavanandam Academy and Library? shall be put in English and Tamil prominently at both the gates on Church Road and Hunters Road. As I am the sole proprietor and President-Founder of the Academy its name shall, on no account, be changed and it shall not be amalgamated with any other institution. Other institutions may either join this Academy giving up their names or become advisory body to it. 10) In commemoration of my birth day, 7th November, which is also the date on which ?Bavanandam Academy? was founded as large a public meeting as possible shall be held on any convenient day in November at the premises of the Academy oral any other prominent place under the Presidency of eminent persons. A detailed annual report of the work one by the Academy, entitled the transactions of Bavanandam Academy should be printed every year in a book form, both in English and Tamil with the half tone picture of the Founder and that of the premises of the Academy as frontispiece and distributed at the Annual meeting. The cost of such commemoration meeting shall not exceed Rs. 500/- each year. 11) The executors shall convert into money such of my movable properties as are not required for the Academy. The sale proceeds of the books published in Dravidin and English languages including on Law etc., shall become the corpus of my estate.?

The will was probated in O.P. No. 222 of 1932. After the executors look over, there were disputes among themselves and a suit was filed by one of them, who happened to be the nephew of the deceased testator in C.S. No. 100 of 1937 for a declaration that he was entitled to the estate of the deceased testator after making capital provisions etc.. It is not necessary to refer to the various prayers made by him. The suit ended in a compromise and a decree was passed on 8.2.1940. As per the decree, the ?Newton House? and its annexes which form the subject matter of the present applications were declared to be the properties of the Bavanandam Academy, subject to the right of residence of the plaintiff in that suit and his heirs as provided in the will of the deceased testator. It was also provided in the decree that out of the other immovable properties which were dealt with in the will, the plaintiff in that suit was entitled to 5/12th share and the Academy was entitled to 7/12th share. The decree fixed particular amounts for which the plaintiff could purchase the share of the Academy by payment thereof. With regard to the books and publications of the deceased testator, the decree said that they should be the property of the Academy. The plaintiff in that suit was nominated as the Secretary of the Academy and it was made clear that he was not entitled to any salary.

(3.)EVEN thereafter, the executors could not conduct the Academy in a proper manner and a suit was filed in C.S. No. 15 of 1950 by the plaintiff in the earlier suit along with three others. The prayer in the suit was for framing of a scheme for the management of the Academy. By decree dated 2nd January, 1951, a scheme wits framed. As per the scheme, the funds, assets and properties of the Academy and the management thereof were vested in the Official Trustee of Madras. The outgoing trustees appointed under the will of the testator were directed to deliver possesion of all the trust properties to the Official Trustee. Under the scheme, the Official Trustee was directed to appoint a committee of three persons to constitute a committee management to advise the Official Trustee in the conduct and management of the library. It was provided that the members of the committee shall hold office for a period of five years from the date of the appointment; but they will be eligible for reappointment. The Official Trustee was permitted to make the appointment, but subject to the sanction of the Court. It was also provided that the members of the Committee shall elect one among themselves as Secretary to hold office for a period of one year at a time. Under clause 6 of the Scheme, the committee of management shall maintain the academy, as far as possible, including the library and the reading room, in conformity with the wishes expressed by the founder, subject to the limitations placed by the scheme. With regard to the manuscripts found in the library, the scheme provided that if in the opinion of the Official Trustee, the manuscripts could not be retained within the premises of the Academy itself, consistent with safety, the Official Trustee could seek the directions of the Court for handing over the manuscripts to an institution which will benefit by them.
Unfortunately, the directions contained in the Scheme decree that the Academy should be maintained in conformity with the wishes expressed by the testator were not properly noted and the Official Trustee of Madras filed an application in A. No. 4160 of 1952 in this Court seeking directions against the respondents therein. The Court made a local inspection of the premises and found that the library was in a sad and neglected condition. The Court, therefore, gave a direction in the following terms in the order dated 12.12.1952:?

?Of the books, many appear to be of no special value, especially the English books containing also some law text books etc., too ancient to be of any use. The Official Trustee, in consultation with the three Committee members will report, by 22.1.1953, why all the books, English and Tamil, in this Library should not be presented to the University library or the Connemara Library or other suitable library, to be kept in a separate section to be named ?Bhavanandam Library? (so that its individuality may continue). These experienced libraries, may through their staff, select the useful books and throw away the useless books. The Official Trustee and the Committee may then be able to rent out the portion of the building occupied by the Academy, after effecting the necessary repairs, and with the rent, which is expected to be not less than Rs. 200/- a month, and the income from the securities, take steps for publishing the really valuable manuscripts left behind by Mr. Bavanandam Pillai, either themselves or through recognised publishers. If the books are thus presented away to a recognised library, the librarian and the attender, now employed at a cost of about Rs. 100/- a month, can also be dispensed with, and that amount too will be available for publishing the really valuable and worthwhile manuscripts. After the report is received, all aspects will be considered, Including the clauses in the will, stating that the name of the founder should not be taken away from the library, and that the library should not he amalgamated with other libraries, and suitable orders passed.?

As directed by the said order, the Official Trustee filed A. No. 2229 of 1953 praying for directions to hand over the Academy library to the Madras Universities Library and the manuscripts to the Government Oriental Manuscripts Library and to let out portions of the building, then occupied by the Library and Reading Room to others. By order dated 18.9.1953, the Court directed the Official Trustee to hand over to the authorities of the Connemara Library, the books belonging to Bavanandam Academy Library and permitted him to let out the premises to others. Unfortunately, the Court did not take note of the objects of the Trust and the wishes of the founder at that time. It is brought to my notice that the Connemara Library refused to accept the books and ultimately, the books were handed over to Youngmen's Mutual Association, Chinthadripet. In 1970, the then Official Trustee of Madras filed a suit by originating summons in C.S. No. 136 of 1970 for determination of certain questions, one of which was to restart the library called ?Bavanandam Academy Library? in the petition premises and to furnish the same with books with special reference to Tamil language and literature. There was a decree in that suit on 31.8.1971, by which the Official Trustee was permitted to restart the library called ?Bavanandam Academy Library? in the present premises and to run and maintain on the terms set out in the schedule to the decree. It is to be noticed that the defendant in that suit, who was in occupation of the premises and who was related to the testator, contested the suit and contended that the Trust had become extinct when the library was handed over as per orders of Court to a third party and the prayers in the suit cannot be granted. Rejecting the said contentions, the Court observed:?

?There is no question of extinguishment of the trust once the old books had been sold away.? It was held that the request of the Official Trustee for restarting the library was proper and legal and it should be granted. Consequently, the persons in occupation of the premises relating to the library portion were directed to vacate and handover possession to the Official Trustee.