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.