The suit under Section 92 of the CPC is maintainable as the Sabha is deemed a public Trust, enabling remedial actions against mismanagement despite being registered as a Society.

JUDGMENT :

S.S.SUNDAR, J.

(1) The above appeal is directed against the order of the learned Single Judge dated 24.03.2022 granting leave to institute a suit under Section 92 of CPC for framing a scheme and for the proper management and administration of the affairs of a public Trust known as ''Samyuktha Gowda Saraswatha Sabha'' [hereinafter referred to as ''Sabha''] which is also registered as a Society under the Tamil Nadu Societies REGISTRATION ACT , 1860, [hereinafter referred to as ''the Act''] in Application No.6408/2019 in the unnumbered suit filed by respondents 1 and 2 herein.

(2) The appellant is the Honorary Secretary of the Sabha. Respondents 1 and 2 herein as plaintiffs, filed the suit which is yet to be numbered against 12 defendants including the appellant herein who is the 1^st defendant in the said suit. The appellant is shown as Honorary Secretary of Sabha which is registered as a Society under the Act. (3) The suit is for the following reliefs: -

a) Framing a scheme for the proper management and administration of the affairs of the Samyukta Gowda Saraswata Sabha, 1^st defendant as to effecutate the objects set out in bye-law 1 of the Sabha.

b) Removing the defendants 2 to 12 as the Trustees of the 1^st defendant and consequently appoint a Board of Trustees comprising of eminent persons drawn from the United Gowda Saraswat Community ;

c) Directing defendants 2 to 12 to deliver up the inventory and other properties belonging to the 1^st defendant which are in their powers and possession and direct that the same be vested in the Board of Trustees constituted supra ;

d) Directing defendants 2 to 12 to submit accounts for the incomes received by them for the 1^st defendant and the amounts expended by them, and to cause the same to be inspected and audited ;

e) To grant such other reliefs as are just and necessary for the purposes of effectively administering and managing the 1^st defendant to ensure that its objectives of the charity are not frustrated or defeated ;

f) In the event that this Hon'ble Court finds malversation of funds, to direct defendants 2 to 12 to personally make good all such losses caused to the 1^st defendant.

g) To award the costs of this suit.

(4) Even though the status of Sabha is shown as a Society registered under the Act, it is the specific case of respondents 1 and 2/plaintiffs that Sabha represented by the 1^st defendant, came into existence in the year 1912 and it was registered as a Society under the Central Act in the year 1925. The object of the Sabha as stated in the plaint is to provide intellectual, physical, social and moral advancement of the United Gowda Sarawatha community and undertaking other activities. It is the case of the plaintiffs that the Sabha is a public Trust and a charitable institution as it is found with an avowed objective to provide financial and other assistance to an infinite class of persons, i.e., economically weaker sections of United Gowda Saraswatha Community who are the beneficiaries of the Sabha.

(5) Some of the plaint averments as seen from the plaint which is relevant in the context, are reproduced hereunder:-

''9. The plaintiffs submit that the construction of the Sabha buildings was completed sometime in 1967 from the funds collected by donations from the members of community and loans availed from the Banks. It is relevant to state that tenders were invited and examined by the Managing, Building and Finance Committees constituted for the said purpose before issuing work orders for th