2012 Supreme(Mad) 3633
High Court of Judicature at Madras
R. SUBBIAH, J.
N. Syamala Devi & Others
Versus
Geetha Hari Priya @ Geetha Gopalaswamy & Others
Application No. 2290 of 2011 in Civil Suit No. 196 of 2011
Decided On : 23-08-2012
Advocate Appeared:
For the Applicants:T.V. Ramanujam, Senior Counsel, for J. Kamaraj, Advocate.
For the Respondents:K. Moorthy, Advocate.
Headnote:
Trust - Scheme under section 92 of C.P.C. - Summary of Acts and Sections: C.P.C. section 92 - Summary: The court considered the application filed by defendants 1 to 6 to revoke the leave granted in A.No.1597 of 2011 to sue the defendants in the suit. The suit was filed under section 92 of C.P.C. and Order 7 Rule 1 of C.P.C. The plaintiffs sought to frame a scheme in terms of section 92 of C.P.C. permitting the Trust, namely, Maruthi Educational Trust to run the school and to fulfil the objects as envisaged under the deed of trust dated 25.09.1996. The defendants filed an application to revoke the leave granted, claiming that the suit was not sustainable either in law or on facts. The court analyzed the contentions of both parties and found that the suit was filed to establish the rights of the trust and to frame a scheme under section 92 CPC. The court also considered the existence of the trust and the necessity for obtaining direction of the Court for administration of such a trust. The relief claimed in the suit fell within the reliefs mentioned under section 92 of C.P.C. The court concluded that the application to grant leave filed by the plaintiffs could not be rejected at the threshold and dismissed the application to revoke the leave.
Fact of the Case:
The plaintiffs filed a suit under section 92 of C.P.C. seeking to frame a scheme to permit the Maruthi Educational Trust to run the school and to protect the interest of the trust and trustees. The defendants filed an application to revoke the leave granted, claiming that the suit was not sustainable either in law or on facts.
Finding of the Court:
The court found that the suit was filed to establish the rights of the trust and to frame a scheme under section 92 CPC. The court also considered the existence of the trust and the necessity for obtaining direction of the Court for administration of such a trust. The relief claimed in the suit fell within the reliefs mentioned under section 92 of C.P.C. The court concluded that the application to grant leave filed by the plaintiffs could not be rejected at the threshold and dismissed the application to revoke the leave.
Issues: The main issue was whether the suit filed under section 92 of C.P.C. was sustainable and whether the leave granted to the plaintiffs should be revoked.
Ratio Decidendi: The court held that the suit was filed to establish the rights of the trust and to frame a scheme under section 92 CPC. The court also considered the existence of the trust and the necessity for obtaining direction of the Court for administration of such a trust. The relief claimed in the suit fell within the reliefs mentioned under section 92 of C.P.C. The court concluded that the application to grant leave filed by the plaintiffs could not be rejected at the threshold and dismissed the application to revoke the leave.
Final Decision: The court dismissed the application to revoke the leave granted to the plaintiffs under section 92 of C.P.C.
R.SUBBIAH, J.,
1. This is an application filed by defendants 1 to 6 to revoke the leave granted in A.No.1597 of 2011 dated 16.03.2011 to sue the defendants in the suit.
2. The respondents herein are the plaintiffs and they filed the suit for the following reliefs:
(i) to frame a scheme in terms of section 92 of C.P.C.permitting the Trust, namely, Maruthi Educational Trust having its office at Plot No.Q 100 A, MMDA Colony, Arumbakkam, Chennai-600 106 to run the school including Maruthi Matriculation School consisting of the trustees and other eminent persons in the field of education having experience and expertise in running the trust and to fulfil the objects as envisaged under the deed of trust dated 25.09.1996 registered as Doc.No.285 of 1996 on the file of SRO., Kodambakkam;
(ii) to remove defendants 1 and 2 as trustees from the Maruthi Educational Trust;
(iii) to render accounts and expenditure for the Maruthi Educational Trust from 2005 to till date;
(iv) to declare the lease deed dated 29.05.2010 executed by the 1st defendant in favour of 5th defendant registered as Doc.No.3288 of 2010 on the file of the 8th defendant as null and void and sham and not binding on the plaintiffs and the 9th defendant and set aside the same and consequently, grant mandatory injunction directing the 8th defendant to cancel the entry with regard to registered Document No.3288 of 2010;
(v) to grant permanent injunction in favour of the plaintiffs as against defendants 1 to 6 restraining them from interfering with the plaintiffs in any manner running the school including Maruthi Matriculation School by virtue of the trust deed dated 11.03.2010 registered as Doc.No.179 of 2010 on the file of SRO., Kodambakkam; and
(vi) to grant permanent injunction restraining defendants 1 to 6 and their men from doing any activity either directly or indirectly and contrary to the objects of the trust deed dated 25.09.1996 without the consent of other trustees.
3. For easy reference, the parties are hereinafter referred to as per their ranking in the suit. The suit was filed under section 92 of C.P.C. and Order 7 Rule 1 of C.P.C. Along with the suit, the plaintiffs filed an application in A.No.1597 of 2011 to grant leave to them under section 92 of C.P.C. to maintain the suit and to protect the interest of the trust as well as the trustees. This Court, by order, dated 16.03.2011, granted leave to them. On appearance, defendants 1 to 6 filed the present application to revoke the leave granted in O.A.No.1597 of 2011. Therefore, it is necessary to extract the averments made in A.No.1597 of 2011 as well as the present application.
4. In A.No.1597 of 2011, the plaintiffs have stated that the school "Maruthi Matriculation School" is a private unaided school and is managed by Maruthi Educational Trust. The 5th plaintiff formed a trust by a registered deed dated 25.04.1996 and no person can claim exclusive ownership over the property nor entitled to exclusive administration and management of the Maruthi Matriculation School. The trust was formed with an object to impart education of all kinds, relief of the poor and medical relief and any other objects of general public utility and to run Educational Institute for less fortunate children and to establish schools, colleges, technical institutions and other institutions and professional colleges, courses, etc.and for imparting general, academic, technical or professional education to students at large. Clause 3(b) of the trust deed says that any property movables or immovable that may be acquired by the trust either by purchase or otherwise shall be deemed to be the property of the trust. Under clause 6 of the trust deed, the administration shall be carried out by the 1st defendant or the 1st trustee or their successors in office and the Board of trustees or their successors shall have full power or the authority to administer the trust. Under clause 8, the trustees shall maintain trust and correct acco