Plaintiff Nos.2 to 5 claim to be trustees of Plaintiff No.1 trust and seek injunctive reliefs in the suit against the Defendants, who are claimed to be trespassers, usurpers and intermeddlers in the property of the trust and the Plaintiffs’ right to manage the same. The Plaintiffs also seek recovery of monies defalcated by the Defendants. The Notice of Motion seeks various temporary injunctions against the Defendants restraining them from holding themselves out as managing committee of the trust and preventing and/or obstructing the Plaintiffs from carrying on their duties as members of the managing committee of the trust, etc.

2. Plaintiff No.1 is a public charitable trust known as “Breach Candy Swimming Bath Trust”. The trust runs a swimming pool and club for its members. The constitution of the Plaintiff trust, established in 1876 as a trust exclusively for European inhabitants of Bombay, underwent a change after the Independence of the Country, with the ordinary membership of the trust being opened to Indian Nationals. The trust has a peculiar administrative structure, under which it is managed by ‘trustees’, who are appointed to its managing committee from out of what a