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2019 Supreme(Mad) 3396
IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
KRISHNAN RAMASAMY, J.
K.C. Babu Dhas and Ors. – Appellants
Versus
K.C. Jeyadhas and Ors. – Respondents
C.R.P. (MD) Nos. 1768, 1769 of 2017 and C.M.P. (MD) No. 9502 of 2017
Decided On : 29-11-2019
Advocate Appeared:
For the Appellant :M. Vallinayagam, Senior Counsel for D. Nallathambi, Advocate
For the Respondents:Mohanlal, Senior Counsel for B. Christopher, Advocate, Ananth C. Rajesh, Advocate and R. Sethuraman, Special Government Pleader
Headnote:
Suit claiming Managing Trusteeship - Legal Heir - Petitioners submitted that Petitioners herein filed I.A. to implead themselves as Plaintiffs in O.S - On the other hand, the Respondent herein filed I.A. to implead himself as Second Plaintiff in O.S - Learned Counsel would contend that father of the Petitioners Mr. K.C. Babu Dhas passed away and therefore, his sons filed the Impleading Application, since the Suit was filed by the said Babu Dhas - Held, Even assuming for argument sake, Respondent can question about the succession due to reason of the execution of the Will by the Author of the Trust, due to the invalidity of the Will created by K.C. Babudhas, succession automatically devolved against Petitioners and once right has been devolved, it cannot be revoked by subsequent amendment by giving retrospective effect - Therefore, this Court is of view that once rights are vested, it cannot be taken away - In present case, rights have already been vested in favour of Petitioners - Hence, said right cannot be taken away - Amendment made by virtue of supplementary Trust Deed is beyond scope of Trust Deed and therefore, amendment will not have any sanctity in Eye of law - Civil Revision Petitions are allowed.
JUDGMENT :
Krishnan Ramasamy, J.
1. The C.R.P.(MD) No. 1768 of 2017 has been filed against the Order, dated 10.8.2017 passed in I.A. No. 102 of 2016 in O.S. No. 115 of 2014 by the learned District Munsif, Padmanabhapuram.
2. The C.R.P. (MD) No. 1769 of 2017 has been filed against the Order, dated 10.8.2017 passed in I.A. No. 103 of 2016 in O.S. No. 115 of 2014 by the learned District Munsif, Padmanabhapuram.
3. For the sake convenience, the Petitioners, K.C. Babu Dhas and three others will be termed hereinafter as Petitioners and K.C. Jeya Dhas will be termed as Respondent.
4. The said I.A. No. 102 of 2016 in O.S. No. 115 of 2014 was filed by the Petitioners before the Court below to implead themselves as Additional Plaintiff Nos. 2 to 4 as Legal Heirs of the First Plaintiff-K.C. Babudhas, whereas I.A. No. 103 of 2016 in O.S. No. 115 of 2014 was filed by the Respondent to implead himself as Second Plaintiff as Legal Heir of the First Plaintiff.
5. The Court below after hearing both parties, dismissed the I.A. No. 102 of 2016 and allowed the I.A. No. 103 of 2016 to implead the Respondent as Second Plaintiff vide Order, dated 10.8.2017. Challenging the said Orders, the Petitioners preferred the present Civil Revision Petitions.
6. On behalf of the Petitioners, the learned Senior Counsel Mr. M. Vallinayagam, submitted that the Petitioners herein filed I.A. No. 102 of 2016 to implead themselves as Plaintiffs in O.S. No. 115 of 2014. On the other hand, the Respondent herein filed I.A. No. 103 of 2016 to implead himself as Second Plaintiff in O.S. No. 115 of 2014. The learned Counsel would contend that the father of the Petitioners Mr. K.C. Babu Dhas passed away and therefore, his sons filed the Impleading Application, since the Suit was filed by the said Babu Dhas.
7. The Suit was filed by the said K.C. Babu Dhas for the following reliefs:
(a) Declaring that the Plaintiff (K.C. Babudhas) is the Managing Trustee of K.C. Chelliah Memorial Education Trust and correspondent of the Educational Institutions of the Trust namely the Yettacode Higher Secondary School, Yettacode English Medium Nursery and Primary School and the K.C. Chelliah Memorial Tamil Medium Primary School, as per Clause 6' of the Deed.
(b) Injunction the First Defendant-K.C. Jeyadhas henceforth from addressing himself or acting as the 'Managing Trustee' of the aforesaid Trust of Correspondent of the aforesaid Educational Institutions of the Trust and thereby cause interference to be Plaintiffs functioning as such.
(c) Directing the First Defendant-K.C. Jeyadhas by Decree of Mandatory injunction to handover all records, minutes, files, papers, etc. relating to the administration of the Trust and the aforesaid Educational Institutions of the Trust and other reliefs.
8. From the prayer of the said Suit, it is clear that the said K.C. Babu Dhas has filed the Suit claiming the Managing Trusteeship after the expiry of K.C. Jeyadhas, who was occupied the Managing Trusteeship with effect from 20.2.2006 and his Managing Trusteeship was expired upon the completion of his tenure of five years and therefore, his tenure has come to an end on 19.2.2014. So according to K.C. Babu Dhas, he was named as Second Trustee in the Trust Deed. Therefore, after the completion of the First named Trustee's tenure of five years, the Plaintiff in the Suit only has to take over the charge of the Managing Trusteeship. Since the same was not handed over and occupied by the other Trustees, the Suit was filed and pending the Suit, the said K.C. Babu Dhas died on 22.11.2015 and subsequent to his demise, the sons of the said K.C. Babu Dhas filed Impleading Application and the same was dismissed and on the other hand, the Respondent's Impleading Application was allowed.
9. The learned Senior Counsel appearing for the Petitioners would submit that one Thiru K.C. Chellaih had established a School in the year 1960 at Yettacode. Subsequently, the said School was upgraded as a Higher Secondary School. It was declared as a
