The suit under Section 92 of the CPC was not maintainable as the validity of the MoU had already been upheld and a separate suit challenging it was barred.

JUDGMENT :

R. MAHADEVAN, J.

This Original Side Appeal is filed assailing the order dated 24.08.2022 passed by the learned Judge in Application No.1480 of 2022 in C.S.(D)No.31019 of 2022, insofar as granting leave to the respondents 1 to 7 herein, who claim to be the members of the appellant Trust, to institute a suit under Section 92 of the Civil Procedure Code (in short, “the CPC”) against the appellant-Trust and the respondents 8 and 9 herein.

2. At the outset, it would be necessary to refer to the factual background leading to the filing of this appeal, according to the appellant - Trust, as follows:

2.1 The appellant is a registered Trust and is functioning in terms of the Trust Deed dated 20.08.1987 registered as document No.1003/1987 on the file of the Registrar of Madras North. As per clause 13 of the Trust Deed, the entire management, control and administration of all the affairs of the Trust and all its branches and activities shall be vested with the Trust Board. The Trust Board consists of 22 trustees, 11 each from Khartar Gachh and Tapa Gachh members. The Tapa Gachh and the Khartar Gachh members of the Trust shall independently elect eleven Trustees from among themselves. The 22 trustees so elected, shall form the Trust Board and they shall retire from office after 5 years and the members of the Trust shall elect new Trustees comprising of eleven from Tapa Gachh and eleven from Khartar Gachh on the same lines as stated above at all times. Therefore, it is clear that the election for all the 22 trustees shall have to be conducted simultaneously.

2.2. The main objects of the appellant Trust inter alia include the administration and management of Shree Sumathinath Bhagwan Jain Swethambar Temple situated at No.370 Konnur High Road, Chennai - 600 023 and Sri Sadharan Bhawan Temple situated at Old No.108, New No.346, Mint Street, Chennai, achievement of the high tenets of Jain religion, propagation and advancement of Jain beliefs. The said Shree Sumathinath Bhagwan Jain Swethambar Temple was built in the year 1925 for the worship of Shree Sumathinath Baghwan, a celebrated Jain Tirthankara and worship of the four other Jain Tirthankaras.

2.3. In 2007, the appellant Trust embarked on rebuilding a fitting shrine and temple for Shree Sumathinath Bhagwan adhering to religious dictates and agamas and accordingly, transferred the idols to a temporary shrine and pulled down the old temple structure for putting up a new temple.

2.4. While so, the eighth respondent Trust, which has been using the place where Shree Sumathinath Bhagwan Jain Swethambar Temple is situated as its registered office, had issued a notification dated 02.05.2007 stating that they proposed to do Bhoomi pooja and stone laying for Shree Sumathinath Bhagwan Jain Swethambar Temple at No.370 Konnur High Road, Chennai. Pursuant to the same, confrontation arose between the appellant and the eighth respondent Trusts, which resulted in institution of a suit in CS No.440 of 2007 by the appellant Trust before this court for permanent injunction restraining the eighth respondent trust from interfering and involving in any manner whatsoever with the appellant trust's administration, management, construction and any other work relating to Shree Sumathinath Baghwan Jain Swethambar Temple. In the said suit, the appellant Trust has got an exparte interim injunction on 27.04.2007, was subsequently modified to an order of status quo, at the instance of the eighth respondent Trust. Thereafter, due to the enhancement in pecuniary jurisdiction of this Court, the said suit was transferred to the City Civil Court and re-numbered as Original Suit in O.S.No.14334 of 2010.

2.5. The fact remains that the election of 11 trustees each from Khartar Gachh members and Tapa Gachh members could not be done simultaneously after the tenure of office ended on 31.03.2018.

2.6. In such circumstances, based on the Trust Board Meeting held on 25.02.2021, the appellant Trust sent a notice dated 27.02.