Maharajan, J. - The suit out of which these two appeals arise was instituted in forma pauperis by three plaintiffs, (1) for a declaration that they are co-trustees of the suit trust along with the fifth defendant (2) for a direction to the defendants 1 to 4 and 6 to hand over possession of the trust properties, accounts and records to the plaintiff and the fifth defendant, (3) for a direction to the defendants 1 to 4 to render a true and correct account of the income and expenses of the trust, both for the period prior to the death of Rama-krishna Iyer, father of defendants 1 to 3 and for the period subsequent to his death, (4) for a decree against defendants 1 to 4 to pay the plaintiffs and the fifth defendant all the amounts that may be found due on accounts, (5) for a direction to the sixth defendant to pay the plaintiffs and the fifth defendant damages for wrongful possession of the plaint item 1 at Rs. 500 - per mensem from the date of plaint upto the date of delivery of possession, and (6) for costs.

2. The case of the plaintiffs was that the immovable properties situate in Madurai town and described in the plaint schedule as well as the cash of Rs.2,000 belong to the trust called “ Thurvas J. Muni-nagendra Iyer, Nagier, Krishana Iyer, Jayarama Iyer Dharmam”. As shown in the geneological table attached to the plaint, the plaintiffs and the defendants 1 to 5 are the descendants of one Jaganatha Iyer, who had four sons, Muninagendra Iyer, Nagier, Krishna Iyer and Jayarama Iyer. By a registered deed dated 20th October, 1930, Lakshmana Iyer, son of Muninagendra Iyer, representing the first branch, Narasimha Iyer, son of Nagier, representing the second branch, Ramasami Iyer, Seshadri Iyer and Sundararaja Iyer, sons of Krishna Iyer, representing the third branch, and Subbier and Rama Iyer, sons of Jayarama Iyer, representing the fourth branch, created a trust. The trust deed shows that a sum of Rs.2,000 had already been endowed to the trust for the purpose of performing poojas and neivedyams to Sri Ramar and Hanuniar already installed by the said Thurvas family at Sri Kooda-lagar Perumal Temple at Madurai, as well as for the performance of the annual Sri Ramanavarri Festival. Under the said document, a further sum of Rs. 10,500 was endowed for the purpose of constructing a platform for the Dwajasthambam already built by the said family in the said temple, for the purpose of completing the gold covering of the Dwajasthambam and for the purpose of celebrating the , Kumbabishekam for the Dwajasthambam as well as for the purpose of completing the construction of an incomplete chatram building in Door No.1, Nallathannir Kinar Lane, South Masi Street, Madurai. The chatram building for which the foundation had been laid and basement had been constructed was also endowed under trie deed, which provided that the idol of Krishnaswami should be installed in the chatram at a cost of Rs. 1,000 from out of the trust amount of Rs. 10,500. Under the said deed of trust all the records, accounts and cash belonging to the trust were to be with the branch of "Muninagendra Iyer. Four trustees were appointed under that deed for the perfor-mance of the trust, and they were Lakshmana Iyer belonging to the first branch, Narasimha Iyer, belonging to the second branch, Seshadri Iyer belonging to the third branch and Subbier belonging to the fourth branch. It was provided in the deed that if any co-trustee in any branch died, he should be succeeded by a person older in age in that particular branch as a co-trustee. Accordingly upon the death of Lakshmana Iyer, his brother’s son T.M.V. Ramakrishna Iyer, who was the father of the defendants 1 to 3 and the husband of the fourth defendant, being the oldest in that branch, became the co-trustee in the place of Lakshmana Iyer. Likewise, upon the death of the other co-trustees, who represented the three other branches, the oldest persons in each branch became the co-trustees. On the date of suit, the plaintiffs

Click Here to Read the rest of this document