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R. MAHADEVAN, MOHAMMED SHAFFIQ
R. Mohan – Appellant
Versus
R. Venkatesh – Respondent
JUDGMENT
(Prayer: Original Side Appeals filed under Order XXXVI Rule 9 of the Original Side Rules read with Clause 15 of Letters Patent, against the order dated 30.03.2023 passed in A.Nos.1129 & 1130 of 2023 in C.S.No.536 of 2009.)
Common Judgment
R. Mahadevan, J.
1. These Original Side Appeals have been filed to set aside the common order passed by the learned Judge in A.Nos.1129 and 1130 of 2023 in C.S.No.536 of 2009 on 30.03.2023.
2. Originally, the suit in C.S.No.536 of 2009 was filed by the plaintiffs praying to pass a decree : (i)to remove the defendants from the office of trustees of Thiruneelakandar Trust, (ii) for declaration that the first plaintiff is a life trustee of Thiruneelakandar Trust, (iii) to appoint the second plaintiff and Parthasarathi as co-trustees with the first plaintiff entitled to administer the trust with powers to take possession of the properties of the trust and to collect outstanding dues in favour of the trust; and (iv) to direct the defendants to account for the earnings of the trust that have been misappropriated and pay the same to the trust. It was stated in the plaint that the first defendant, wife of one Venugopal Reddy who constituted the said T
Point of Law : Where the allegation of breach of trust, direction for administration of Trust is absent, the suit is maintainable and obtaining leave under Section 92 of the CPC is not necessary.
The court established that for a suit under Section 92 of the CPC, it is essential to demonstrate a public charitable trust, a breach of trust, and appropriate relief sought, emphasizing the protecti....
A suit under Section 92 of CPC must serve public interest and establish breach of trust; claims of personal grievances cannot sustain such suits.
The Trust possesses a distinct legal identity separate from its founders, exempting it from unauthorized claims of trusteeship from third parties, as affirmed under Section 92 of CPC.
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