1. This civil revision petition has been filed by the defendants in the proposed suit under Section 92 of C.P.C., for framing a scheme for the administration of the first defendant trust, called “Imayam Trust”, Kannanur, Thuraiyur Taluk, Trichy District filed by respondents herein/proposed plaintiffs against the order of granting leave to sue against the petitioners/defendants for framing a scheme in respect of the “ Imayam Trust “.

2. Facts in nut shell are as follows:

The respondents/plaintiffs in the proposed suit approached the District Court for framing a scheme stating that Imayam Trust namely, first petitioner-trust is a public trust and it is mismanaged; its funds are misappropriated and the trustees are functioning detrimental to the interest of the trust namely committing act of misconduct, misappropriation and misuse of funds and breach of trust contrary to the trust deed dated 18.10.2004. In the proposed suit, leave was sought in I.A.No.247 of 2013 and counter was filed by the first petitioner herein and other defendants except fourth defendant therein and the third respondent herein, contending that it is a public trust, there is no mismanagement, misappropriation, misuse of funds, breach of trust and maladministration of the trust as alleged in the leave application; The respondents and proposed plaintiffs are strangers to the trust thereby they lack locustandi; The District Court does not have jurisdiction to entertain the proceedings and the Sub-Court alone has got jurisdiction.

3. Based on the rival contentions, the District Court found that:

a) The first petitioner is, a public trust (Imayam Trust).

b) The respondents herein/plaintiffs have locustandi to file the suit as they have interest in the trust.

c) Prima facie allegations of mismanagement, misappropriation of money, breach of trust, and misconduct by the trustees are made out.

The said order of granting leave is challenged before this Court by the defendants in the proposed suit.

4. Heard Miss.J.Anandhavalli, learned counsel appearing for the petitioners and Mr.P.Renganatha Reddy, learned counsel for the 2nd respondent and others and perused the records.

5. It is an admitted fact that “ Imayam Trust”, first petitioner herein was created under the trust deed dated 18.10.2004 registered as document No.141/2004 on the file of Sub-Registrar, Uppiliyapuram, Trichy District for the object of up-liftment of the public, especially down trodden people to give education by starting educational institutions. Initially six persons were trustees. By virtue of supplemental deed dated 12.7.2013, subsequently one P.Sivakumar was added as one of the trustees. The second petitioner herein is the Chairman, the 7th petitioner is the Vice Chairman, the third petitioner is the Secretary,the third respondent is the Treasurer and petitioners 4 to 6 are Trustees of the first petitioner. The trust started educational institutions in the name of “Imyam College of Engineering”, “Imayam college of Information and Technology”, “Imayam Polytechnic College”, “Imayam Institute of Agriculture and Technology”, “ Imayam Arts and Science College for Women”, “Imayam and Idhayam College of Education (B.Ed.)”, “Imayam Teacher Training Institute” and “Imayam Catering College”. All these Educational institutions are said to be administered by their correspondents nominated from and among the trustees.

6. Respondents 1 and 2 alleged that the Chairman and Secretary, namely second and third petitioners herein for their personal benefits and gain, misused the powers, duties and rights conferred under the trust deed with malafide motives and crores of rupees of the trust have been misappropriated. The allegations in paragraphs 6 to 10 of the plaint are that petitioners herein mismanaged the trust, misused the trust funds for wrongful gain, committed misconduct thereby acting detrimental to the interest of the Trust. Making those allegations, the first and second respondents filed the suit and th