A suit for permanent injunction involving a public trust property should invoke Section 92, C. P. C. as a special remedy, and the general remedy available under the law is excluded in such cases.

( 1 ) AT the stage of admission the learned counsel for the appellant and the learned counsel appearing for the cavealors are heard at length.

( 2 ) THIS appeal is filed against the decree of dismissal of the suit o. s. no. 294/1983 on the file of the viii additional city civil judge, Bangalore. The suit was filed for permanent injunction only. The impugned order dismissing the suit discloses that a preliminary issue regarding maintainability of the suit was framed on the basis of the grounds urged by defendant No. 14 in his written statement. The said issue reads as under:"whether the suit as brought is not maintainable for any of the grounds urged by defendant No. 14 in his written statement?"the two grounds on which the suit came to be dismissed are that no leave was obtained to institute the suit under Section 92, C. P. C. and the leave to institute the suit under Section 92, C. P. C. refused to putta rudra and others in miscellaneous No. 42/1985 on 27-6-1990 was binding on the present appellant and secondly the plaintiff did not claim any personal or individual interest in the suit property and his request to prosecute the suit in the representative capacity had been rejected by the trial court and the said order had been confirmed by this court.

( 3 ) THE facts leading to the impugned order are as under: the property involved in the litigation is described in the plaint schedule as property belonging to Sri kunnappa krishnappa chowltry (now called arasappa choultry) bearing municipal nos. 852,852/1,853 and all the properties connected therewith situated in o. t. c. road, nagarthpet, Bangalore-2.

( 4 ) THE material averments making out a case for the relief of permanent injunction are found in the paragraphs 3, 4, 5 and 7 of the plaint which read as under: the plaintiff above-named is the president of nagartha sangha, an association formed by the nagartha community people, for the welfare of the said community and their development in the state and their office is situated at nagarthpet, Bangalore-2. Besides, the plaintiff is one of the dharmadarshis of Sri venkataramanaswamy temple situated at nagarthpet which was originally known as Sri adinarayanaswamy temple and he is also concerned with Sri sreemannagareswaraswamy temple, nagarthpet, Bangalore. There is also a choultry called doddamainna choultry more fully described in the schedule. The said property originally belonging to one Smt. Venkamtama who died issueless and the said Smt. Venkatamma by a registered will dated 22-8-1902 had left the above choultry among other two properties dedicating the said properties for running a choultry and for the purpose of running choultry, she made arrangements by means of other properties and cash and her object was to see that in the said choultry five persons must be fed from belonging to her community. In other words it was for the benefit of the students. That in the said registered deed she had appointed two persons as the executors namely one Sri arasappa and another by name laxmana. In the said deed it was the intention of the donor that her mother-in-law Smt. Amachamma must manage the properties and the other two executors Sri arasappa and laxmana besides one appajappa was to manage the trust. A copy of the said deed is produced herewith and marked as document No. 1. That by a subsequent deed dated 2-11-1903 the said Smt. Venkatamma left nine more items of property and out of which 9th item, the money, should be utilised for the benefit of choultry while the other items were to be utilised for the deeparadhana in the three temples namely (1) Sri adinarayana swamy temple, now called Sri venkataramanaswamy temple, (2) srinagareswaraswamy temple and (3) Sri chennakeshavaswamy temple situated at nagarthpet, Bangalore. 4. In the said deed the said venkatamma appointed four persons as the executors including arasappa and laxmana and three others to manage and supervise. Items involved in this deed are nine items