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2014 Supreme(Online)(KER) 29232
HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, P.V.ASHA, JJ
SISTER SYNO – Appellant
Versus
REJI MARKOSE – Respondent
RFA 110 2012
GOVERNMENT PLEADER SHRI PADMALAYAN, SRI.V.ABRAHAM MARKOS, SRI.MATHEWS K.UTHUPPACHAN, SRI.TERRY V.JAMES, SRI.TOM THOMAS (KAKKUZHIYIL), SRI.P.B.KRISHNAN, SRI.R.D.SHENOY (SR.), SRI.R.LAKSHMI NARAYAN, SMT.R.RANJINI
The inclusivity of female members in the management of charitable trusts is imperative, reflecting the trust's foundational objectives as highlighted by Section 92 of the CPC.
Headnote:
Trust - Management of Trust - Code of Civil Procedure - Section 92 - Summary: The court analyzed Section 92 of the CPC, which governs suits for the administration of public trusts, emphasizing the necessity for a proper scheme to ensure effective management. The court underscored that the absence of female representatives contradicted the trust's foundational principles, ultimately necessitating a remand for reconsideration of the management scheme.
Fact of the Case:
The plaintiff, a beneficiary of the Vanitha Mandiram Trust, sought to frame a new scheme for managing the trust following the death of prior trustees. The case arose from a previous judgment confirming the trust's independent charitable character for the community's female members. The defendants presented various claims about the management changes and proposed new trusteeship, leading to the final decree's challenge.
Finding of the Court:
The court observed that while the final decree accepted a management scheme, it did not adequately address essential aspects such as female representation in the General Body or clarify the method of electing trustees, contradicting the original trust constitution. These omissions necessitated a reconsideration of the scheme to comply with the trust's foundational principles.
Issues: Whether the final decree for the administration of the Vanitha Mandiram Trust adequately followed the preliminary findings regarding trustee election and representation of female members as mandated by the trust's constitution and Section 92 of the CPC.
Ratio Decidendi: The ratio decided was that the final decree was flawed in excluding female members from management roles and failed to uphold the trust's original clauses regarding elections and representation, thereby necessitating a remand for fresh considerations ensuring compliance with the trust constitution.
Final Decision: The appeal was allowed, and the matter was remanded for fresh consideration.
JUDGMENT
Ramachandran Nair, J.
The appellant herein is plaintiff No.1 in O.S.No.119/1998 of the Sub Court, Kottayam. The present appeal is filed against the final judgment passed in I.A.No.3140/2007 in the said suit and the appellant was the first counter petitioner.
2. In the suit, a preliminary decree was passed for framing a scheme.
Plaintiffs 1 to 5 in the suit and the fourth defendant were the major contestants. The first defendant is the Metropolitan of Malankara Syrian Knanaya Church. Some of the necessary facts for the disposal of the appeal are the following: The suit is for framing a scheme, electing new Trustees and Managing Committee members for carrying on the management and administration of “Kurichi Visudha Magdalana Mariam Vanitha Mandiram Trust” (hereinafter referred to as “Vanitha Mandiram Trust”). The female members of the Malankara Syrian Knanaya community are the beneficiaries of the Trust. It is an independent trust formed in the year 1115 M.E. by certain members of Knanaya community for the betterment of the female members of the community. A meeting was held on 30th Medam 1115 M.E. wherein the trustees and members of the executive committee were appointed for the administration of the Trust. Ext.A1 is the Constitution adopted. In the year 1966 one suit, viz. O.S. No.118/1966 was filed before the Sub Court, Kottayam by one Shri P.I. Thomas as plaintiff for a declaration of the plaintiff's title to and possession of the suit properties in his capacity as trustee of the Vanitha Mandiram Trust and for recovery of money stolen from the Bhandaram of the trust. The said suit was disposed of by judgment dated 3.1.1970 in favour of the plaintiff. The fourth defendant therein was Rev. Mar Climis Metropolitan. By the said judgment, defendants 1 to 6 and 8 onwards were restrained from trespassing upon any portion of the suit properties or in any way interfering with plaintiff's right to administer the institution and its properties in his capacity as the trustee of the institution. An appeal was filed before this Court as A.S. No.138/1970 by judgment dated 10.7.1975, wherein the decree was confirmed with slight modification.
3. The present suit O.S.119/1998 was filed by the plaintiff mainly to frame a scheme, since there is a vacuum in the administration of the institutions. The averments in the plaint, mainly, were the following: Late Shri V.O. Abraham who alone was the surviving member of the Executive Committee, also died on 11.3.1998. The suit properties include a Girls High School, Vanitha Mandiram, etc. and late Shri V.O. Abraham was acting as the Manager of the High School till his death. Item No.1 is in the possession of the inmates of the Vanitha Mandiram and Item No.2 rubber estate is in the possession and management of Malankara Syrian Christian Association. The plaintiffs are the female members of the Malankara Syrian Christian community and as such beneficiaries of the plaint trust. They filed the suit in their individual capacity as beneficiaries of the trust as well as representing the entire female members of Malankara Syrian Christian community. The fourth defendant is a nephew of late Shri V.O. Abraham to whom the management of the Vanitha Mandiaram was sought to be transferred. After the death of Shri V.O. Abraham there is nobody to administer and manage the affairs of the Vanitha Manidram Trust and its properties. None of the original trustees or executive committee members are alive. The original byelaws does not contain a provision for convening a meeting of the beneficiaries or for duly electing office bearers for the management and administration of the Trust and it is quite inadequate to meet the present situation. Therefore, it was contended that new members of the executive committee and trustees have to be elected for the proper management of the trust property. The suit is one filed under Section 92 of the Code of Civil Procedure .
4. Defendants 1 to 3 and the 4th defendant have filed sepa
