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2004 Supreme(Ker) 596

THOTTATHIL B.RADHAKRISHNAN
Pazhukkamattom Devaswom – Appellant
Versus
Kunju Muhammed – Respondent


Judgment :-

This Second Appeal is filed by the plaintiffs in a suit filed under Section 92 of the Code of Civil Procedure.

2. This appeal is confined to the rights of the 7th defendant.

3. The necessary facts are as follows:

The suit was filed alleging mismanagement of the 1st plaintiff Trust. The trial Court passed a preliminary decree on 17-12-1993 for settling a scheme for the proper management and administration of the temple and its properties; declaring the right of the plaintiffs and the general public in the locality to participate in the management and administration of the temple, appointing a new trustee for the 1st plaintiff temple (Trust) and ordering removal of the 1st defendant trustee from the management of the temple and its properties; directing the 1st defendant to surrender all the documents and properties, movable and immovable, to the new trustees; declaring that the documents, Lease Deed No.1380/56. Release Deed No.2775/68, Sale Deed No.2776/68, Lease Deed No.2961/69, Mortgage Deed No.489/69, Mortgage Deed No.201/70 and Sale Deed No.3592/73 are null and void and not binding on the 1st plaintiff trust; directing the 1st defendant to account for the income of the













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