The main legal point established in the judgment is the obligation of family members to discharge the stated charities of a family trust and the consequences of mismanagement and misappropriation of trust properties.

JUDGMENT

(Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure against the fair and final order passed by the Sub-Court, Tiruppattur, Vellore in R.E.A.No. 49 of 2013 in E.P.No. 63 of 2010 in I.A.No. 507 of 1981 in O.S.No. 23 of 1978 dated 05.06.2017.)

1. This Revision Petition has been filed questioning an order in R.E.A.No. 49 of 2013, which execution application had been filed in E.P.No. 63 of 2010, which Execution Petition had been filed in I.A.No. 507 of 1981, which Interlocutory Application had been filed in a suit of the year 1978 in O.S.No. 23 of 1978, which was on the file of the Sub Court, Thiruppattur in Vellore District.

2. The said suit in O.S.No. 23 of 1978 had been filed by one TA Shanmuga Chettiar against the defendants shown therein, and it must be pointed out that even during the pendency of the suit, some of the defendants had unfortunately expired and legal representatives had to been brought on record, seeking a Judgment and Decree to put the plaintiff in possession of the properties described in ‘B’ schedule to the plaint and for a further direction against the defendant to give accounts with respect to the receipts and expenses of a particular trust from 27.01.1975 till delivery as sought is granted and for costs of the suit.

3. The trust involved in that particular litigation was a family trust, which had been dedicated for charity to provide accommodation for travellers and for affording facility for performance of marriages and for rearing and maintaining a nandavanam to provide flowers for the use of the temples. The items for which the properties for which the suit was laid and which had been described in schedule ‘B’ to the plaint had been left in common without being divided among the family members for the purpose of discharging the aforementioned activities/the charity on behalf of the trust.

4. The administration of the trust was originally entrusted to one of the family members and thereafter, since he died in the year 1933 and the individual to whom it was to revert back had also died, the first and second defendants, namely, TG Viswanathan and TR Thirunavukkarasu, who according to the plaintiff were not entitled to administer the trust, however, entered into the management of the trust properties and took advantage of the yields from the usufructs therein. The plaintiff had issued a notice but since there was no proper reply, the suit had been instituted for the reliefs as stated.

5. The first defendant had joined issues with the plaintiff and had filed the written statement. On the basis of the pleadings, the learned Sub Judge had framed substantial number of issues and among them, quite apart from deciding about the rights of the various members of the family to deal with the trust property, one particular issue was whether the first defendant was a trespasser and had lawfully enter into management of the trust and whether the allegations of mismanagement and misappropriation were true. There was yet another issue with respect to the plaintiff also namely, whether he has any right in the suit trust.

6. During the course of trial, the plaintiff examined himself as PW-1 and the first defendant examined himself as PW-2. The plaintiff marked Exs. A-1 to A-19 and the defendants marked Ex.B-1 to B-26. By Judgment dated 05.01.1981, the learned Sub Judge, Thirupathur, had directed rendition of accounts to be provided from 27.01.1975 till date of delivery on possession and directed delivery of possession and also permitted the plaintiff to seek necessary relief to be put in possession. This naturally meant that the plaintiff had to file an Execution Petition to be put in possession.

7. I.A.No. 507 of 1981, then came to be filed to direct the defendants to produce account books and in the event of discovery for a commissioner to be appointed to determine the misappropriation or mismanagement of the trust properties. An order was passed in I.A.No. 507 of 1981 on 20.12.2005 wh