ABDUL QUDDHOSE, J.

1. This Original Side Appeal has been preferred against the judgment and decree dated 30.01.2013, passed by the learned Single Judge in C.S.No.993 of 2001.

2. The appellants in this appeal are the 3rd and 4th plaintiffs in the suit. The remaining plaintiffs in the suit namely, 1, 2 and 5 have been arrayed as respondent Nos.20, 21, and 22 in this appeal as they have not joined with the appellants in filing this appeal.

3. The Plaintiffs filed the suit against the defendants under Section 92 of the Code of Civil Procedure seeking the following reliefs:

“(a) Frame a scheme in respect of Govindu Naicker Trust by bifurcating the Trust Govindu Naicker Trust’ from the Management of Pachaiyappa’s Trust.

(b) Appoint 5 or more Trustees which includes from among the members of Testator’s Vanniya community;

(c) Issue a direction directing that the management of Govindu Naicker Trust and its properties which includes movables and immovables and handed over or vested with the Trustees so appointed in the scheme;

(d) Direct the defendants herein to deliver possession of the properties along with records of Govindu Naicker Trust to the trustees appointed by this Court;

(e) Direct the defendants to furnish a true and proper accounts to the Govindu Naicker Trust from the period from 1990 till the handing over of the Management of the suit Trust and possession of the properties of the Trust to the Trustees appointed by this Court;

(f) direct the defendants to reimburse the monies of the said Trust diverted unauthorisedly to Pachaiyappa’s Trust and other Trust under its control; and

(g) make such other provisions under the Scheme as may be required for the proper administration of the suit Trust and its properties.”

4. The Plaint averments in brief are as follows:

(a) They are interested persons in the welfare of Govindu Naicker Trust.

(b) The Will executed by Govindu Naicker dated 25.03.1846 created the Govindu Naicker Trust (hereinafter referred to as the Suit Trust). The objects of the Suit Trust are

(i) to promote education and educational charities

(ii) to grant pension to his descendants

(iii) to do religious charities

(c) Some properties of the Suit Trust were encroached and no action taken by the trustees of the first respondent Trust. Attempts were made by the trustees of the first respondent to sell Kancheepuram properties belonging to the Suit Trust.

(d) The Pachaiyappa’s Trust (Taking over of Management) Act, 1981 (Tamil Nadu Act 11 of 1981) was passed in view of mal-administration and irregularities committed by trustees of the first respondent Trust. The suit Trust was shown as an independent Trust under the Tamil Nadu Act 11/81 which was amended on 02.10.1987 to include take over of other Public Trusts under the control of Pachaiyappa’s Trust under the Tamil Nadu Ordinance 7/87.

(e) Diversion of funds from suit Trust to the first respondent Trust. No charities performed in the suit Trust. Only a basic school from classes 6 to 8 run in Pachaiyappa’s property, on rent. In 1990, there were 198 students and in 1999, the strength of the school was reduced to 46 students. As of now, the school is closed and the property has been put to commercial use by the first respondent Trust. W.P.No.1863 of 1996 was filed by the teachers questioning such use.

(f) Religious charities as per the Will of Govindu Naicker not performed by the trustees of the first respondent Trust. The income of the Trust is in the range of Rs.35 to 40 lakhs per year and despite substantial income, the trustees of the first respondent has not developed the suit Trust. They have so far diverted several crores of rupees and siphoned off funds belonging to the suit Trust.

(g)Only after the issuance of the legal notice on 05.03.2001 by the appellants/plaintiffs, income and expenditure statements and balance sheets were prepared for the suit Trust by the first respondent Trust for the years 1991 to 1999-2000. Expenses for commemoration of the first respondent Trust we