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R. SUBRAMANIAN, R. SAKTHIVEL
Thatha Sampath Kumar – Appellant
Versus
T. Sudharsan – Respondent
JUDGMENT :
R. SUBRAMANIAN, J.
Prayer in all the appeals: Original Side Appeals filed under Order XXXVI Rule 1 of CPC read with Clause 15 of the Letters Patent: (i) to set aside the order and decree passed in Application No. 9198 of 2019 in C.S. No. 37 of 2019 dated 08.12.2020. (ii) to set aside the order and decree passed in Application No. 1400 of 2019 in C.S. No. 37 of 2019 dated 08.12.2020. (iii) to set aside the order and decree passed in O.A. No. 37 of 2019 in C.S. No. 37 of 2019 dated 08.12.2020. (iv) to set aside the order and decree passed in Application No. 1979 of 2019 in C.S. No. 37 of 2019 dated 08.12.2020.
1. These four appeals are directed against the orders of the learned Single Judge granting injunction restraining the 1st appellant from functioning as Trustee, appointing the 2nd respondent as the Trustee of the 5th respondent Trust, dismissing an application to revoke the leave and application to vacate the injunction granted in O.A. No. 37 of 2019 in C.S. No. 37 of 2019.
2. These proceedings arose in a suit in C.S. No. 37 of 2019 filed under Section 92 of the Code of Civil Procedure seeking to remove the 1st defendant as a Trustee and for an injunction restraining him
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 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.
Adverse possession cannot be claimed against trust properties, and trustees are liable for proper management and maintenance of trust accounts.
A suit under Section 92 of the CPC can only be filed against a trust and not by a trust itself; claims that are personal in nature do not qualify for relief under this section.
Trust properties cannot be alienated by trustees; a plaintiff can seek injunction without declaratory relief if the properties are prohibited from alienation.
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.
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