If materials are strong enough to come to a conclusion that the suit is vexatious, Court is justified in refusing to grant leave.

(Appeal filed against the order of the learned single Judge in Appln.No.2167 of 1999 dated 21.12.1999.)

The present appellant had filed Application No.2167 of 1999 along with a plaint seeking permission of the court to sue under Section 92 CPC. Such application having been rejected by the learned single Judge, the present appeal has been filed.

2. The first applicant is the General Secretary of the Tamil Nadu Federation of Deafs and the General Secretary of the Madras Association of the Deaf. The second applicant is the Public Relation Officer of the Tamil Nadu State Federation of the Deaf and Chairman of the Madras Association of India of the Deaf. Both of them are deaf. Mr.M.G. Ramachandran had executed a Will dated 18.1.1987. Under the said Will certain properties were left to his widow during her lifetime and thereafter to certain other persons. In respect of rest of the properties it was stated in such Will that one Mr.N.C. Raghavachari, Senior Advocate, shall be the Executor and after him his nephew Rajendran (Defendant) should be the executor and thereafter the executor should be appointed by the High Court of Judicature, Madras in accordance with law. In the Will it was stipulated: -

“Excluding the areas marked as A, B, C, D, E, F, G, H, I and J in the sketch of Ramavaram Gardens, in the remaining vacant land my Executor shall establish a free home for the deaf and dumb naming as ‘M.G.R. Home for deaf and dumb’. Sheds or buildings shall be put up in the vacant site, and the facilities like free lodging, boarding, clothing, medical facility, education, vocational training etc., shall be provided for the poor deaf and dumb persons. Speech therapy and speech training shall be arranged for the dumb. Likewise, boarding facility shall be provided and arrangements shall be made for providing hearing aids for the deaf also.” (quotation from the translated copy of the Will).

3. In the draft plaint filed, the appellants alleged that after functioning as Executor for sometime, Senior Advocate Mr.N.C. Raghavachari relinquished his office on health grounds and the defendant Mr.M. Rajendran continued as the Executor as per the terms of the Will. It has been stated that the Executor is also in charge of Sathya Studio properties and he has assumed the charge as Trustee since 1981. It is further alleged: -

“10. Instead of spending the entire income from the endowed properties for the benefit of the Deaf and Dumb the defendant is diverting the funds to some other purposes, with a view to siphon off the same unperceived. The modus operandi adopted to achieve that end is by starting a self financing college and to make it appear that it was for a good cause. But no such intention was expressed by Dr.M.G.R. in his will. Contrary to the specific directions given by Dr.M.G.R., the defendant had started a self financing college at the Sathiya Studios (P) Ltd., Campus. The defendant has misappropriated from the trust the money required for starting the said college such as the amount required for creating an endowment by way of fixed deposit of Rs.10,00,000/- in favour of the Commissioner of Collegiate Education, and for maintenance and administration. Besides he has placed the entire five acres of land at the disposal of the college. The land also is destined by the testator to reach the deaf and dumb ultimately. The entire Sathiya Studios now shall vest in the M.G.R. Trust for the reasons stated above. As such, neither the act of starting the college nor the diversion of funds from the trust to unauthorised use are in conformity with the benevolent disposition of M.G.R. In fact huge amount is spent on constructing unauthorised buildings for the college. The CMDA seems to have given a demolition notice in No.E-32/16722/90 and in view of the regularisation policy of the Government huge amount will be spent for regularising the unauthorised constructions if permitted.

11. The defendant has not only failed to carry out the duties of the ex