Mere residence in a village where a public trust is located does not confer sufficient interest on a person to maintain a suit under S.92, C. P. C. for the administration of the trust.

RTNAM, J. : -The plaintiffs are the appellants in this appeal directed against the dismissal of their suit in O. S.56 of 1972, Sub-Court. Kumbakonam, under 92, C. P. C. praying for the relief of the timing of a scheme. The appellants came forward and with the suit claiming that the suit properties are dedicated for public purposes and constitute a public trust. It was also further claimed in the plaint that there is a choultry at Pandanallur, called 'Kunnayee chatram' and one Kunnayee Ayeeyar, wife of Vellaya Pillai constructed the cehoultry in or about 1840 and endowed some lands and subsequently one Chellappa and Chinnakulandai also endowed other properties to the choultry, in all totalling to 37 acres and 10 cents in Pandanallur and Keelamandur villages. The patta in respect of these properties, according to the appellants, stood only in the name of the choultry and the respondents 1 to 3 herein did not have any rights. The properties so endowed to the choultry formed part of schedule I to the plaint and the appellants claimed that the entire income was intended to be utilised for conducting Thanneer Pandal Dharmam, poor feeding of mendicants and the maintenance of the chatram building, compendiously 'Sri Venkatachalapathi Dharmam'. It was the case of the appellants that till about 1930, a few mendicants and pilgrims used to be fed in the choultry and the Thanneeer Pandal Dharaman was also commenced in the Tamil month of Chitrai with the inauguration ceremony and that subsequently the ceremony was abandoned and the Thanneer Pandal Dhaqnam alone was conducted for about three months in a year, incurring an expenditure of Rs.300 per annum out of a total income of about Rs. 18.000 from the properties resulting, in the appropriation of the balance of the income by the respondents 1 to 3. It was also the further case of the appellants that the endowed properties had been dealt with by the respondents 1 to 3 contrary to the terms of the endowment and collusive proceedings had also been taken resulting in the passing of orders by the Deputy Commissioner. Hindu Religious and Charitable Endowments Department, Thanjavur, with reference to the allocation of income for the performance of 'Somavara Kattalai' in Sri Pasupatheeswaraswami temple at Pandanallur. Alleging that the first appellant was a member of the community and a relative of the donors and respondents 1 to 3 and was also invited to be present on the occasion of the performance of the Thanneer Pandal Dharm am the appellants claimed to be persons interested in the due and proper performance of the objects of the endowment and instituted the suit for the removal of respondents 1 to 3 from the trusteeship and management and for framing a schema for the proper administration of the chatratn and its properties and also for other incidental reliefs.

2. In their written statement, the respondents 1 to 3 disputed the maintainability of the suit by the appellants as persons interested in the trust. The dedication to the choultry and the endowment of properties for the purposes claimed by the appellants was also denied. It was claimed by the respondents 1 to 3 that some properties were set apart for the purpose of conducting Thanneer Pandal charities out of the income therefrom. The feeding of the poor mendicants and the construction of the chatram and its maintenance from out of the endowed properties was denied by respondents 1 to 3. That there was an endowment of properties as public trust was denied by them. The income from the properties, according to the respondents 1 to 3, was grossly exaggerated and the income therefrom was only about. Rs. 4704 and after meeting the Thanneer Pandal Dharmam and the Somavara Kattalai in Sri Pasupatheeswararswami temple at Pandanallur, the respondents 1 to 3 were Titled to the beneficial interest in the balance. Relying upon the proceedings in A.81 of 1962 on the file of the Deputy Commissioner. Hindu Religious and Charitable Endowments D