JUDGMENT :

(Prayer: Judge’s Summons under Order XIV Rule 8 of the Madras High Court Original Side Rules and Order III Rule 1 of the said Rules, read with Clause 12 of the Letters Patent and Application No.2590 of 2020 is filed praying for leave to the applicants/plaintiffs to institute the present suit against the respondents 1, 3, 4 and 7/defendants 1, 3, 4 and 7.)

1. This application is filed praying for leave to the applicants/plaintiffs to institute the present suit against the respondents 1, 3, 4 and 7/defendants 1, 3, 4 and 7.

2. The applicants are the plaintiffs in the suit.

3. The suit in C.S.D.No.71418 of 2020 has been filed for the following reliefs:

(a) to declare that C.L.Baid Metha College of Pharmacy is an institution owned, maintained and run by the first plaintiff;

(b) for permanent injunction restraining the defendants, their servants, agents or men, from in any manner, interfering with the ownership, possession, administration or management of C.L.Baid Metha College of Pharmacy;

(c) to declare that C.L.Metha Sishya OMR School is an institution founded, owned, maintained and run by the first plaintiff herein;

(d) for permanent injunction restraining the second defendant, its servants, agents or men, from in any manner, interfering with the ownership, possession, administration or management of C.L.Metha Sishya OMR School;

(e) to declare that the first defendant is defunct and the first plaintiff is the successor-in-interest of all its assets, liabilities and activities;

(f) for permanent injunction restraining the second to seventh defendants, their servants, agents or men, from in any manner, interfering with any activity of the first plaintiff in pursuing the objects of the first defendant,

(g) and for costs of the suit.

4. This application has been filed seeking leave of this Court under Clause 12 of the Letters Patent for the reason that the first respondent/first defendant-Tamil Nadu Chemists and Druggists Trust and the respondents 3, 4 and 7/defendants 3, 4 and 7, are located outside the jurisdiction of this Court, though substantial part of cause of action for laying the suit arose within the jurisdiction of this Court.

5. The leave application is strongly opposed by the respondents/defendants.

6. Mr.V.Lakshmi Narayanan, learned counsel representing Mr.Avinash Krishnan Ravi, for the applicants/plaintiffs, at the outset, referred to different prayers sought in the suit. With reference to the prayers made in the plaint, the learned counsel drew reference to the sale deed dated 27.07.1960 between one R.Rajagopal Pillay and two others, in favour of C.Manickchand Jain and C.Lakshmichand Mehta, the latter being the father of the second applicant herein and the Founder and Managing Trustee of the first applicant-Trust. The third applicant is also son of the latter. The properties of an extent of 33.47 acres situated at Oggiam Thoraipakkam Village, Chengalpet District. According to the learned counsel for the applicants/plaintiffs, the sale transaction in which the property(ies) had been purchased, took place at Purasawalkam in the then Madras.

7. The learned counsel for the applicants/plaintiffs referred to the subsequent sale executed on 09.04.1975 in the then Madras by the above said C.Lakshmichand Mehta and others, in favour of the Tamil Nadu Educational and Medical Trust, with regard to the same extent of property at No.148, Oggiam Thorapakkam Village, Saidapet Sub-Registration District, Chingleput Registration District.

8. The learned counsel for the applicants/plaintiffs further referred to College of Pharmacy Trust Deed, created on 07.03.1980 executed by C.M.Metha and others, in which the father of the applicants 2 and 3/plaintiffs 2 and 3, was a Trustee, and the said Trust Deed was also executed in Chennai.

9. The learned counsel for the applicants/plaintiffs also drew reference of this Court to the City Civil Court’s proceedings, dated 30.06.2006 in O.S.No.12747 of 1996, wherein compromise was arrived at between C.L.B