V.K.BALI, KURIAN JOSEPH, K.BALAKRISHNAN NAIR
John George – Appellant
Versus
Stewards Association in India – Respondent
V.K. Bali, C.J.
The Stewards Association in India, which is a, society registered under the Tamil Nadu Societies Registration Act filed a suit for recovery of the possession of the plaint schedule property from the, defendants and also for realization of mesne profits at Rs.1,800/- per year. The burden of the plaint, was that the plaint schedule properties were acquired by Adolph Kocher, a German Missionary as per registered documents of 1084 and 1088 M.E. He constructed a building for his residence and missionary work as a result of which a Brethem, Sabha was formed. There was a prayer hall in the building which was used as an orphanage after purchase, of the property by Kocher. Kocher was arrested during World War No.1 as he was a German citizen. He however, had gifted the property to Stewards Company Limited, England, which right was transferred to the plaintiff-Association in 1973 by a registered document. One Mr.Adams was staying in this property and was continuing the missionary work and administration of the orphanage. During 1976, Adams left for Australia for the treatment of his wife. The orphanage was described as a trust and the subject matter of the trust wa
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