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2013 Supreme(Ker) 151

S.S.SATHEESACHANDRAN
P. R. Vasudevan Nair – Appellant
Versus
P. S. Sankara Narayanan Nair – Respondent


Advocates Appeared:
For the Appellants:P.G. Parameswara Panicker, Senior Advocate, P. Gopal, Advocate.
For the Respondents:R1 to R4, P.R. Venkitesh, R5 & R11, Santheep Ankarath, Advocates.

Judgment :

1. Revision petitioners are defendants 1 and 5 in a suit pending before the Sub Court, Pala.

2. Suit was filed by respondents 1 to 4, hereinafter referred to as 'plaintiffs', for a declaration that plaint schedule properties belong to a private trust of religious and charitable nature constituted for beneficial interests of the members of a tarwad and for removal of the trustee - the 1st defendant, for framing a scheme for the administration of the trust and other incidental reliefs. Competency of the plaintiffs to institute the suit questioned by the defendants, and on directions issued by this Court on orders passed in two revisions, separately, filed against interim orders passed in the suit, to consider as a preliminary issue whether plaintiffs are members of the tarwad and their competency to file the suit, that issue was considered preliminarily by the learned Sub Judge. Evidence was recorded for consideration of that issue, in which plaintiffs examined three witnesses as PWs.1 to 3 and exhibited Exts.A1 to A3. No evidence was let in by the contesting defendants. On the materials placed, learned Sub Judge holding that plaintiffs/respondents 1 to 4, who are descendan














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