OFFICIAL TRUSTEE OF TAMIL NADU versus UDAVUMKARANKAL AND ORS.

OFFICIAL TRUSTEE OF TAMIL NADU versus UDAVUMKARANKAL AND ORS.

The Official Trustee, although committing a technical breach of trust by failing to secure fresh court sanction before demolition and incurring additional expenditure, acted bona fide and in the interests of the trust, and cannot be made personally liable in view of Section 15 of the Official Trustees Act, 1913.

Parties
Appellant: Official Trustee of Tamil Nadu; Respondents: Udavumkarankal and Ors.
Jurisdiction
India
Judgment Date
29 January 1993
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Madras High Court
Outcome
Appeal allowed; decision of the High Court set aside.
Legal Topics
Breach of Trust, Personal Liability of Trustee, Official Trustee Powers, Court Sanction Requirements
Trusts Law Breach of Trust Personal Liability of Trustee Official Trustee Powers Court Sanction Requirements

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Parties

Official Trustee of Tamil Nadu

Appellant

Udavumkarankal and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Madras High Court

Legal Issues

  1. 1 Whether the Official Trustee incurred personal liability for breach of trust by proceeding with demolition and reconstruction without fresh court sanction

Ratio Decidendi

The Official Trustee, although committing a technical breach of trust by failing to secure fresh court sanction before demolition and incurring additional expenditure, acted bona fide and in the interests of the trust, and cannot be made personally liable in view of Section 15 of the Official Trustees Act, 1913.

Court Disposition

Appeal allowed; decision of the High Court set aside.

Orders

  • No personal liability imposed on the Official Trustee; Government liable as per Section 15 of the Official Trustees Act, 1913.
  • No order as to costs.