RAMACHANDRA MENON, J.

1. This appeal arises from a suit filed by the respondent/plaintiff before the Sub Court, Thrissur, more than 3 decades ago. The suit was decreed on 03.08.1992 [except declining the relief in respect of a fixed deposit of Rs. 43,000/-], by granting the declaration as sought for, injunction and also direction for rendition of accounts in connection with the affairs of Sree Vyasa NSS College, Wadakkancherry.

2. The plaint was instituted, on behalf of a Trust [as claimed to be] known as 'Jnana Ashram Trust', contending that the conveyance effected as per Ext. A4 dated 06.12.1973 was an instance of 'fraud', having added/manipulated the word 'forever' in Ext.A4 registered Deed of Transfer, which was not there in Ext. A2 Draft agreement executed in the month of June, 1971 and hence that the bar of 'limitation' would not be attracted by virtue of Section 10 and Section 17 of the Limitation Act. The suit was decreed, despite the specific contentions in the written statement as to the 'locus standi' of the person who signed the plaint, to represent the Trust, and in spite of the lack of evidence as to the 'fraud' alleged and further, without properly adverting to the plea of 'limitation' and hence the challenge.

3. Though the 'valuation' in the suit was shown as less than Rs. 1 lakh, a learned Single Judge of this Court, presumably considering the importance of the matter, referred the appeal to be considered by a Division Bench, as per order dated 27.11.1992. Years later, when the matter was taken up for final hearing, objection was raised by the respondent as to the hearing of the matter by the Division Bench. After hearing both the sides and considering the mandate of Section 4 (1) of the Kerala High Court Act, 1958, providing powers to the Division Bench to deal with all matters over which the power of the High Court can be exercised by a Single Bench, the objection was turned down as per order dated 01.06.2010 passed by the Bench.

4. We heard Sri. P.G. Parameswara Panicker, the learned Senior counsel appearing for the appellants and S.V. Balakrishna Iyer, the learned Senior counsel appearing for the respondent at length.

5. The sequence of events is as follows :

A person by name Padmanabha Iyer created Ext. A1 Trust on 27.05.1961, settling the properties mentioned therein, in the name of the Trust in which six members including him, his sons and others were shown as the Trustees. The main purpose of the Trust was to propagate 'Advaita-Vedanta'; besides providing higher education to the children/grandchildren; and conduct marriage of the grand daughters. By the passage of time, considering the requests made by the local inhabitants, the 'Ashram' decided to set up a Junior College in the area. It was accordingly, that a College was set up and was functioning with moderate infrastructure. Subsequently, as alleged by the respondent/plaintiff, the administration/management of the College was entrusted with the 'NSS' and a draft agreement as borne by Ext. A2 was executed in the month of June, 1971. Later, Ext. A4 Deed of Transfer/conveyance came to be executed on 06.12.1973, giving effect to the transfer 'forever'; which according to the plaintiff was the result of some manipulation made by adding the word 'forever', as it was not there in Ext. A2, the Draft agreement. This came to the notice of the plaintiff only in the year 1983, when notice of termination of the arrangement was sent to the defendants/NSS, also demanding a sum of Rs. 43,000/-, plus interest, which was lying as fixed deposit in the name of the Trust.

6. The above request was not acceded to, when O.S. No. 682 of 1985 was filed against the defendants [who are the appellants herein], mainly contending that there was no intention to alienate the properties of the Trust nor was it ever intended to be transferred 'forever' and that there was mismanagement at the hands of the defendants (appellants herein); with the following prayers:

"A. To declare th