R. Subramanian, J.

1. The defendants who suffered a decree for declaration and consequential relief of recovery of possession are the appellants. The suit in O.S. No. 73 of 2010 was filed by the respondent against the appellants, namely Shevapet Sowrashtra Vidhyalaya Sabai Trust and Shevapet Sowrashtra Maruthi Association seeking the following reliefs.

(a) removing the entire trustees, managing committee members, directors, presidents, secretary, cashier etc. of the defendants organisations;

(b) declaring that the suit properties absolutely belong to the plaintiff devasthanam and the plaintiff devasthanam alone has got the right and title over the suit properties for the benefit of the entire Shevapet Sowrashtra community people;

(c) declaring that the plaintiff devasthanam alone has got right to manage the affairs and administration of the defendants organisations and the suit properties;

(d) vesting the suit properties in the plaintiff devasthanam;

(e) directing the defendants, their presidents, secretaries, trustees committee members to deliver possession of the suit properties to the plaintiff devasthanam;

(f) directing the defendants to render accounts and inquiries of the defendants organisations to the plaintiff devasthanam and the Shevapet Sowrashtra community people;

(g) declaring that the suit properties and its income including accrued income in the hands of the defendants are to be handed over to the plaintiff devasthanam for the beneficial use of the Shevapet Sowrashtra community people as a whole;

(h) restraining the defendants and their men in any manner causing any damage to the suit properties and the management of the affairs of the defendants organisations;

2. According to the plaintiff it is the sole representative of the entire Sowrashtra Community people in Shevapet, Salem. The said community possessed properties, institutions, Organisations etc. which are maintained and managed by the plaintiff Devasthanam through its Trustees. The plaintiff would claim that it is a Public Trust for the benefit of the entire Sowrashtra Community, Shevapet, Salem.

3. The plaintiff Devasthanam owns various properties and in the list of properties, the plaintiff had added Sowrashtra Vidhyalaya Aided Middle School, Sowrashtra Vidhyala Aided Primary School, Sowrashtra Maruthi (Degappiyasa) Sangam (subsequently converted as Sevapet Sowrashtra Maruthi Association.) The properties that are the subject mater of the suit are as follows:

Description of property

"1st Item : In Salem West Regn. Dist., Salem Jt.3 Sub Regn. Dist. in Shevapet Manickam Pillai Street, the land and building bearing door No. 64, presently in the possession of the 1st defendant.

2nd Item : In Salem West Regn. Dist., Salem Jt.3 Sub Regn. Dist., in Shevapet, S. No. 48/1, 2, S. No. 54, 56, 70, 71 and S. No. 1, then S. No. 537, 538, 539, 547, 546 and 549, the land measuring 31,555 sft with the building constructed on this land with all fittings, fixtures and easement rights, present in the possession of the 2nd defendant."

4. According to the plaintiff, the 1st item of the suit properties originally were owned by Ramanujar Madam, which was managed by Vedhantha Sabai. During the year 1944, the suit property was gifted to the plaintiff Devasthanam. During the year 1945, the plaintiff Devasthanam constructed a building out of its own funds and from the contributions received from the entire Sowrashtra people of Shevapet and the new building was named as "Vittoba Nilayam". A school was established in the said building and the plaintiff Devasthanam has appointed a Managing Committee called as "Sowrashtra Vidhyalaya Sabai" to look after the day to day administration of the school.

5. The 1st defendant is the creation of the plaintiff for the purpose of managing the school. As years have rolled two schools came into existence namely, Sowrashtra Vidhyalaya Aided Middle School and Sowrashtra Vidhyalaya Aided Primary School. Both the schools are under the management of the Comm