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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.SRIMATHY
Congress Ponvizha Mandapam Trust, Through its Managing Trustee, S.Gopal – Appellant
Versus
P.Veldurai – Respondent
JUDGMENT :
S. SRIMATHY, J.
The present First Appeal is filed by plaintiffs against the Judgment and Decree dated 31.10.2018 passed in O.S.No.65 of 2017 on the file of the 3rd Additional District Court, Tirunelveli.
2. The plaintiffs are the appellants herein and the defendants are the respondents herein. For the sake of convenience, the parties shall be referred as plaintiffs and defendants as per the ranking in the suit.
3. The suit is filed by the plaintiffs for (a) declaring that the persons mentioned in the 1st schedule to this plaint are the Trustees of the 1st plaintiff Trust, (b) for a permanent injunction restraining the defendants their men, servants, agents etc., from in any manner disturbing the persons mentioned in the 1st schedule to the plaintiff in any way from enjoying possession and managing the property of the 1st plaintiff Trust more particularly described as schedule 2 herein.
4. The brief facts as stated by the plaintiffs are that the property in the 2nd schedule of the plaint consisting of building absolutely belongs to the first plaintiff Trust. The plaintiff trust was created by three Congress Martyrs viz., 1. Gomathi Sankara Diksthadar, 2. Marimuthu Konar, 3. K.
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.
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.
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 main legal point established in the judgment is the requirement to file an application under Section 92 C.P.C. for managing public trusts involving public charity, and the necessity to implead th....
The court affirmed that resolutions affecting individual trustee rights are not governed by Section 92 of the CPC, allowing the plaintiff's suit for reinstatement as valid despite the First Appellate....
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.
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