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1965 Supreme(Mad) 90

ANANTANARAYANAN
Visalakshi Ammal – Appellant
Versus
Veerayya Rajaliar – Respondent


Advocates:
D. Ramaswami Iyengar, for Petitioner; K.H. Krishnaswami Iyer and S.M. Subramaniam, for Respondents.

Judgement

ORDER :- In this revision proceeding instituted by the first defendant in the court below, I have had some difficulty in compreheading the order of the learned Subordinate Judge directing the plaintiffs to elect to proceed with a part of the reliefs prayed for in the suit, after holding that many of the averments in the plaint and several reliefs fall within the ambit of Section 92 C. P. Code, that this suit in respect of a public religious or charitable trust is bad for lack of sanction of the Advocate General, under that provision of law. As far as I can see, a considerable part of the pleadings in the plaint does relate to alleged acts of misfeasance and malfeasance on the part of the trustee (revision-petitioner) who is the managing trustee of the trust, and to such alleged breaches of trust as will disqualify her for the office, if established. In that state of pleadings, there is considerable force in the contention of learned counsel for the revision petitioner, that the trial court should really have struck the suit off its file as bad for lack of the requisite sanction. But there is certainly authority for the view that where the reliefs sought for include other r


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