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1977 Supreme(Ker) 133

V.P.GOPALAN NAMBIYAR, K.K.NARENDRAN
AVVU – Appellant
Versus
BAPPUTTY – Respondent


Judgment :-

1. We are unable to share the view of the learned judge on the basis of which the learned judge sustained the decree for injunction and for accounting granted by the trial court and by the lower appellate court and modified the decree for removal of the 1st defendant granted by the appellate court, in effect, to a declaration directing that he is liable to be removed and pointing put the modus operandi for such removal. The aggrieved 1st defendant in the suit has appealed to us against the decision of the learned Judge.

2. The matter arises out of a suit claiming three reliefs viz. (1) to remove the 1st defendant from management of an aided Mopla Lower Primary School; (2) for an injunction against him from receiving the maintenance grant from the educational authorities; and thirdly for a rendition of accounts in respect of amount of grant so far received, The building which housed the elementary school belonged to one Avaru who assigned it under Ext. Al dated 28-5-1959 to ten persons who are parties to the suit either as plaintiffs or as defendants. One Mariakutty Umma was appointed the Manager of the School. By Ext. B5 dated 30-5-1959 the District Educational Officer r







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