C. Anand Kumar v. The Official Trustee, Madras — 1993 DIGILAW 451 (MAD)

Judgment :- 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. 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. 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 Registrars Office, Vepery, Madras- 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. 3. 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. 4. 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”. 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. 5. 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 Hunters 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”. 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.” 6. 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. 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. 7. 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 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. 8. 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. 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.” 9. 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 Youngmens 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. 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. 10. The Official Trustee filed A. No. 2861 of 1982 for modification of the earlier order dated 31.8.1971 in C.S. No. 136 of 1970 and for permission to let out the portions marked as ‘B’ and ‘C’ in the plan annexed to the said application. An order was passed by the Court on 5.8.1983. By that order, the Official Trustee was permitted to have the library in the portion indicated by him in the application and not in the portion in which it was originally directed to be conducted. But, however, the Court refused to grant permission to the Official Trustee to lease out the library to the fourth respondent therein viz., ‘Tamil Valarchi Mandram’. The Court observed that the scheme decree does not contemplate a third party running the library and the library should be run only By Bavanandam Academy’ which is under the administration of the Official Trustee. The Court observed that the scheme decree does not contemplate a third party running the library and the library should be run only By Bavanandam Academy’ which is under the administration of the Official Trustee. The Official Trustee was directed to arrange for the conduct of the library as per the terms of the scheme decree. 11. Unfortunately, the above facts were not brought to the notice of the Court when an application was filed before Court for leasing out a portion of the premises to one Mrs. Meena Dadha, Chairperson, Mukti, a project of M.S. Dadha Foundation. That was Application No. 2608 of 1989 taken out by the Official Trustee himself. The Court passed an order on 16.6.1989 granting a lease for a period of thirty years on certain terms. As the terms of the order were not complied with ultimately, the application was dismissed and there wits no lease of the property. 12. Again, another application was filed in Application No. 6037 of 1989. That was filed by two of the descendants of the deceased testator by name Karthiga Devi and Roop Mala, who are the applicants in Application No. 4369 of 1993 before me. The prayer in the application was for a direction to the Official Trustee to sell the vacant land measuring four grounds in the premises for a consideration of Rs. 3,00,000/- per ground. The Court passed an order on 26.4.1990 directing the Official Trustee to sell half a ground of land to each of the applicants at the value found in the guideline valuation in the Sub Registrars Office. The land that was directed to be sold was on the north-eastern corner portion abutting Hunters Road and the applicants were directed to deposit the entire sale consideration within a period of four months from the dale of the order. That order was also not complied with by the applicants and ultimately. No sale took place. 13. The present set of applications have been filed by the various applicants for the reliefs already set out. It is the contention of the applicants that the property has not been put to proper use by the Official Trustee and the latter has failed to carry out the objects of the Trust. No sale took place. 13. The present set of applications have been filed by the various applicants for the reliefs already set out. It is the contention of the applicants that the property has not been put to proper use by the Official Trustee and the latter has failed to carry out the objects of the Trust. It is submitted that the property is situated in a strategic point between two roads and if it is developed, it would bring large income, with the aid of which the Official Trustee can fulfil the objects of the Trust created by the testator. It is also submitted that the intention of the founder has already failed on account of the inaction on the part of the prior Official Trustee and this Court has also taken the view that part of the land could be either leased out or sold. It is contended that the only way in which the Trust can generate funds is to lease out a part of the vacant land on a long terms or sell a portion thereof. 14. When the matter came up before me on 9.7.1993, it was brought to my notice that a Committee of Management had been appointed by the Court to look after the affairs of “Bavanandam Academy.” I have already referred to the provision in the scheme decree for the appointment of a Committee by the Official Trustee. The records before me do not show that a Committee was being appointed periodically by the Official Trustee. As per the records placed before me, the first Committee which was appointed was on 1.8 .1986 in Application No. 3337 of 1986. The first Committee comprised of three persons by Name Mr. Ramasubramaniam, Dr. Rathinavel Subramaniam and Mrs. Ananthanayaki, an advocate of this Court. The term of that Committee came to an end and this Court by order dt. 19.6.1992 in A. No. 334 of 1992 nominated a fresh Committee for five years. This Committee comprises of Mr. R. Ramasubramaniam, who was also in the previous Committee, Dr. Marudhui Pillai and Mr. C. Somasundaram. Rathinavel Subramaniam and Mrs. Ananthanayaki, an advocate of this Court. The term of that Committee came to an end and this Court by order dt. 19.6.1992 in A. No. 334 of 1992 nominated a fresh Committee for five years. This Committee comprises of Mr. R. Ramasubramaniam, who was also in the previous Committee, Dr. Marudhui Pillai and Mr. C. Somasundaram. When this was brought to my notice, I directed the Official Trustee as well as the Management Committee to file separate reports or joint report containing full details of the proposals for the purpose of carrying out the terms of the will of the testator and also indicate the sources or resources from which they would get the necessary funds therefor. I must mention ere that both the Official Trustee and counsel for the Management Committee oppose the applications referred to above for grant of lease or sale on the ground that there are certain proposals for raising necessary funds and carrying out the objects of the trust. 15. As per my directions, the Official Trustee filed a report on 28.7.1993. According to the said report, the trust has fixed deposits to the value of Rs. 1,62,901.50 and cash on hand of Rs. 8,333,81. It is mentioned that the total income is Rs. 2,300/- per mensem and the approximate expenditure is Rs. 1500/- per mensem, leaving a net income of Rs. 800/- per mensem. The report of the Official Trustee says that the building wherein the Academy is functioning is old, but it does not require demolition and reconstruction. It is slated that the funds of the estate may not allow the Official Trustee to go for large structures, but the construction may be restricted for the present to a smaller extent and urgent repairs could be carried out besides providing furniture, light fittings and other connected amenities. It is also suggested that a new construction of 140 sq. ft. at the entrance can be erected at a cost of Rs. 1,12,000/-. The Official Trustee has suggested that excess funds from other trusts under his management could be diverted to this trust for the purpose of construction and other improvements. He has suggested the names of five estates and staled that he would take out appropriate applications for transfer of a sum of Rs. 20,000/- from the surplus funds of each estate. The Official Trustee has suggested that excess funds from other trusts under his management could be diverted to this trust for the purpose of construction and other improvements. He has suggested the names of five estates and staled that he would take out appropriate applications for transfer of a sum of Rs. 20,000/- from the surplus funds of each estate. Thus, the Official Trustee has staled that a sum of Rs. 2,12,000/- will be available with the Official Trustee if the applications proposed by him are ordered and that will be sufficient for carrying out the minimum repairs and erecting the new structures. 16. The report filed by the Managing Committee of the Academy discloses the following facts:— The Managing Committee, after its appointment in 1987, approached several philanthropists and scholars (some of whose names are mentioned in the report) and secured about 2500 books without any cost to the trust. Mr. Ramasubramaniam, the Secretary, has been spending his own money and time for the renovation of the library and it has been possible to run the library with the books collected by them. The major activity of the Committee is the propagation of Tamil literature by arranging meetings and discourses on Kandapuranam on Sundays and other special days as desired by the testator. The following statement in the report is worth extracting:— “The scholars are invited to give discourses on Kandapuranam etc. followed by interaction among the group. This was an important vision of the Testator and the Committee is ensuring that these meetings are regularly conducted. Notice will be published about these meetings in the ‘Engagement’ column of newspapers such as The Hindu’, ‘Dinamani’, etc., For almost, one year from 26.11.90, Dr. Silamboli Chellappan spoke to the audience on Kandapuranam. Ever since the inception of Library Mr. Ramasubramanian the Secretary, delivers lectures on Thirukkovaiyar and Tholkkappiam on Fridays and Sundays. Incidentally, the Testator Mr. Bhavanandum Pillai is the publisher of Tholkkappiam. The library name board was also installed by the Committee at its expenses. The portrait of Bhavanandam Pillai was unveiled on 11.7.1992 at a function held at Hotel Dasaprakash. His Lordship the Honourable Mr. Justice Bakthavatsalam was pleased to preside over the meeting. The entire expenses of drawing portrait and other expenses were met by the Committee without causing any burden to the estate. The portrait of Bhavanandam Pillai was unveiled on 11.7.1992 at a function held at Hotel Dasaprakash. His Lordship the Honourable Mr. Justice Bakthavatsalam was pleased to preside over the meeting. The entire expenses of drawing portrait and other expenses were met by the Committee without causing any burden to the estate. The other day-to-day miscellaneous expenses by maintaining the library, stationery charges and library building were met by the Committee, periodically in the interest of the Trust. The salary payable to the librarian, sweeper and the electricity charges alone are home by the trust. Thus, the Committee in the interest of Academy have been discharging its functions to the admiration of all concerned.” According to the said report, the building is in a dilapidated condition and mortar is chipping off and the building had not been repaired for a long time. The Committee has been reminding the Official Trustee about the same and also the lack of other facilities, including toilet facilities. The wiring in the building was in bad shape and a reminder from the Committee to the Official Trustee had resulted in new wiring being installed about three years ago. The Committee has been recommending certain steps for the augmentation of income for the estate and the other works that could be taken up after funds are accumulated. The report proceeds to state that no third party should be inducted into the property as lessee in the land as it would ultimately result in a loss in the long run and the remaining land would not be sufficient to meet out the various activities of the academy in future. The report also contains the following passage:— “The Committee it convinced that it would be able to generate Rs. 15 lakhs as donation. The fact that Dr. Marutha Pillai, an Industrialist, is the Chairman of the Committee is noteworthy and he has agreed to provide funds to the extent of 15 lakhs. This can be used as a need money and with the help of loan from banks, other estates estated with official Trustee, and advance from future tenants. The committee believes the Trust would be able to construct a building in the vacant land of the Trust propert y, part of which can be rented and part used for library and allied activities. If the land is leased out by accepting interest free deposit of Rs. The committee believes the Trust would be able to construct a building in the vacant land of the Trust propert y, part of which can be rented and part used for library and allied activities. If the land is leased out by accepting interest free deposit of Rs. 10 lakhs, it would be difficult to evict the tenants after. The interest-free-loan is nothing compared to the land and they would also claim the benefits of the provisions of Tamil Nadu City Tenants Protection Act. The Trust would be deprived of the land and thereby the Trust would be seriously prejudiced. The interest free loan is nothing compared to an out right generation of Rs. 15 lakhs as donation, through the efforts of the Committee. Then the lease either for short period or long period, it would not be in the interest of Trust.” 17. When the matter was argued, I directed the counsel for the Committee to say specifically as to how the Committee will be able to raise donations. A statement has been filed on 10.8.1093 by the Committee signed by the Secretary. As per the said statement, details of amounts which are expected to be collected by way of donations from various parties mentioned therein are given. Learned counsel also submitted that a substantial amount will be collected within a period of six months and the entire amount will be collected within about nine months. 18. The question before me is whether the applications made by the various applicants for leasing or selling a portion of the vacant land should granted or the proposals submitted by the Committee of Management and the Official Trustee should be accepted. I have already set out the relevant portions of the will and the scheme decree. There can be no doubt whatever that the object of the Trust is to promote Tamil, its literature and culture. The testator has taken care to say in his will that the Academy founded by him shall, on no account, be changed and it shall not be amalgamated with any other institution and if other institutions join the Academy, they can do so by giving up their names or become advisory body to it. The testator has taken care to say in his will that the Academy founded by him shall, on no account, be changed and it shall not be amalgamated with any other institution and if other institutions join the Academy, they can do so by giving up their names or become advisory body to it. It is also the direction of the testator that the various purposes for which the trust is created should be carried out within the premises known as “Newton Premises” where the Academy is situated. It was never in his contemplation that any part of the premises should be placed under the control of a third party with by a sale and the Academy should lose the benefit of the user of such portion of the property. That was taken note of by this Court when the scheme decree was framed and appropriate directions were given by the Court to that effect. But, unfortunately, during a subsequent period, those aspects were overlooked, both by the Official Trustee and the Court and directions were given to hand over the Library to a Third party and also lease out a portion of the vacant land to some parties. Those directions ought not to have been given by this Court and the objects of the Trust ought to have been taken into account. 19. The Official Trustee is bound by the provisions of the Official Trustees Act. S. 7 thereof provides that the Official Trustee shall have the same powers, duties and liabilities and be entitled to the same right and privileges and be subject to the same control and orders of the Court as any other trustee acting in the same capacity. S. 11 of the Indian Trusts Act provides that the trustee is bound to fulfil the purpose of the Trust and to obey the directions of the author of the trust, at the time of its creation, except as modified by the consent of all the beneficiaries being competent to contract. 20. Whenever the Official Trustee is put in charge of a trust by orders of this Court, the Official Trustee is bound to take note of the intention of the founder of the trust and work only for the benefit of the trust and to carry out the object of the trust. 20. Whenever the Official Trustee is put in charge of a trust by orders of this Court, the Official Trustee is bound to take note of the intention of the founder of the trust and work only for the benefit of the trust and to carry out the object of the trust. If the Official Trustee acts otherwise, it will be against the intentions of the founder and it will be breach of trust. I am happy to record that the present Official Trustee has taken note of the intentions of the founder and the directions given by him in the will and taken the right stand that no portion of the properly should be given on a long lease to any third party or sold to any third party, even if such lease or sale would bring a large amount of cash immediately to the trust. As contended by him rightly, a long lease permitting the lessee to erect a superstructure will only lead to the permanent occupation of the property by such lessee who will acquire a status of irremovability. In particular, if the matter is viewed in the light of the provisions of the Tamil Nadu City Tenants Protection Act and the periodical amendments thereto, there is no likelihood of the trust getting back its properly at the expiry of the lease. There can be no doubt that the property is today worth more than a crore of Rupees and it is a cynosure for the eyes of the real estate people and builders. That is why each applicant is vying with the other in improving on the offers already made. The Management Committee is vehemently contending that if a portion of the site is leased out or sold, the remaining portion of the property will not be sufficient for conducting discourses and lectures, as directed by the founder. Hence I hold that no part of the property shall be leased out on a long term basis or sold. 21. I find that the Management Committee, which has been appointed in 1986 has done some substantial work to revive the library and collect about 2500 books. The report of the Management Committee shows that the library is already functioning and the members of the public are making use of the same. 21. I find that the Management Committee, which has been appointed in 1986 has done some substantial work to revive the library and collect about 2500 books. The report of the Management Committee shows that the library is already functioning and the members of the public are making use of the same. It is also noted that lectures on Kandapuranam and other discourses are being arranged periodically, Thus, the Managing Committee appointed in 1986 and the present Committee are functioning properly. There is no reason to disbelieve the report of the Management Committee that it will be able to raise a substantial fund by way of donations and carry out the objects of the trust. 22. Learned counsel for the applicants are quite right in saying that the official trustee had been negligent for about 40 or 50 years. The Official Trustees have been simply expressing their inability to do anything in this matter for want of funds. That does not mean that the present Official Trustee and the Management Committee should be prevented from carrying out the object of the trust without parting with any portion of the property. The present Official Trustee is confident and hopeful that the Trust can be managed with the aid of the Management Committee alone. The report of the Official Trustee shows that the surplus funds of other estates will also be available. Even assuming that the Court does not sanction the user of the surplus funds from other estates, the trust by itself has got a sum of Rs. 1,12,000/- of its own. The Management Committee has also submitted that it would collect a sum of Rs. 15,00,000/- within a period of nine months. The Management Committee shall keep the Official Trustee informed periodically of the progress made in the matter of collections. The Official Trustee is directed to carry out the minimum repairs immediately with the said of the funds already in his possession and keep the old building in such a condition that it Will not deteriorate further. The Management Committee is directed to collect as much funds as possible within a short time and help the Official Trustee in erecting further superstructures as planned. 23. In the view I have taken, it is not necessary for me to consider which of the offers made by the applicants is acceptable. The Management Committee is directed to collect as much funds as possible within a short time and help the Official Trustee in erecting further superstructures as planned. 23. In the view I have taken, it is not necessary for me to consider which of the offers made by the applicants is acceptable. But, I should point out that as at present the offer made by the relatives of the founder appears to be the best one in view of the fact that the offer is of a non-refundable deposit of Rs. 25,10,500/- and a monthly rent of Rs. 4800/- with a provision for 5% increase in the rent every three years. I am aware that an offer is made by Pradeepkumar for a sum of Rs. 32,00,000/- as non-refundable advance. But, that offer contemplates the rent to be at the same rate of Rs. 2000/- per month for the entire period of 60 years payable in advance for every ten years.