Action against trustee of public trust maintainable.

Ramaprasada Rao, J.-The plaintiffs in a suit filed under section 92 of the Code of Civil Procedure, in C.S. No. 73 of 1972 on the file of the Original Side of this Court, are the appellants. After obtaining the sanction from the Advocate-General, Madras, the plaintiffs have filed the present suit to remove the defendant from trusteeship, for appointing a fit and proper person as trustee of a public trust endowed for the purpose of running and maintaining what is known as Nagammal Hindu Higher Elementary School, which was dedicated by late Nathamuni Chetti under a deed of trust dated 2nd June, 1941. For the said purpose certain immovable properties were also earmarked by the author of the trust. The plaintiffs complained of mis-management by the respondent, who is now functioning as trustee. They would claim to be interested in the trust, the first plaintiff being the widow of late Nathamuni Chetty and the second plaintiff being a close relation and old boy of the Elementary School besides being a resident of the locality. They catalogued several events in the plaint according to which their main complaint is that the defendant failed to maintain the school as per the directions of the trust and the author of the trust and has also caused wanton and continuous breach of the express terms thereof. They would also demand an account from the defendant from 1969 till date and sought for ancillary reliefs. The defendant in the written statement questions the status of the second plaintiff as a plaintiff in a suit under section 92 of the Code of Civil Procedure, as he is not a descendant of the founder and as he cannot be said to have any real or substantial interest in the trust. He would, therefore, allege that the suit is not properly framed and therefore, not maintainable, as the primary requirement under section 92, Civil Procedure Code, is that there should be two or more persons interested in the trust, who could seek for any reliefs set out in the section. Besides challenging the sanction given by the Advocate-General the defendant would complain that the plaintiffs objective is to enrich themselves and not to further the objects of the trust. He would deny that he has committed any acts of waste and would plead that if any other trustee is appointed to manage the trust in the place of the defendant it would amount to a violation of the founder’s express desire and considered intention.

2. Paul, J., who tried the suit, framed the following issues:

1. Whether the suit is not maintainable for any reason?

2. Whether valid sanction has been obtained from the Advocate-General under section 92, Civil Procedure Code?

3. Whether the trust is being mismanaged by the defendant?

4. Whether the grant is suspended on account of mis-management on the part of the defendant?

5. Whether any breach of the wish of the founder of the trust was caused by the defendant?

6. Whether the first plaintiff is entitled to file this suit?

7. To what relief is the plaintiff entitled?

3. On the first issue, the learned Judge found that the suit was not maintainable since in the related circumstances the second plaintiff cannot be said to have the requisite interest to file and prosecute the action. He held that the plaintiffs obtained due sanction ‘from the Advocate-General and are entitled to file the suit. On issues 3, 4 and 5 which covered the main points of controversy between the plaintiffs and the defendant, the learned Judge after an elaborate discussion into the oral and documentary evidence held that the main item of trust, namely, the Nagammal Hindu Higher Elementary School is being mis-managed by the defendant and that the grant by the Government was suspended on account of such mis-management and that the defendant acted against the wishes of the founder. In the end however, the learned Judge observed as follows:-

“In view of my findings on issues Nos. 2 to 5, the plaintiffs would have been entitled to all the reliefs which they have claimed in the plaint

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