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october 1961

Supreme Court of India · 1961-10-26

L. JANAKIRAMA IYER AND OTHERS vs P. M. NILAKANTA IYER AND OTHERS

Citation / case number
SC 1959/184
Court
Supreme Court of India
Petitioner
L. JANAKIRAMA IYER AND OTHERS
Respondent
P. M. NILAKANTA IYER AND OTHERS
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court ruled that the validity of sale deeds executed by only two of three trustees under the Indian Trusts Act, 1882, was contingent upon the consent of all trustees, as per Section 63. The Court held that the trial court's decree, which declared these sale deeds invalid and allowed for the recovery of trust property, was justified. The Court also clarified that the applicability of Articles 120 and 134 of the Indian Limitation Act, 1908, must be determined based on the entire plaint, emphasizing that the suit was for possession rather than mere declaration.

L. JANAKIRAMA IYER AND OTHERS vs P. M. NILAKANTA IYER AND OTHERS · Niyam