A society registered under the Act cannot be deemed a public trust based on amalgamation with another entity unless clear trust characteristics were established prior.

JUDGMENT

K. Harilal, J.

The appellants are the petitioners 1 to 10 and 12 to 17 in O.P.(Trust) No.308 of 2016 of the Additional District Court-II, Thiruvananthapuram. The aforesaid Original Petition was filed under Section 92(1) of the Code of Civil Procedure, 1908(hereinafter referred to as 'the C.P.C.') by 17 persons, who are the executive committee members of the 1^st respondent. The 1^st respondent is an association of persons, registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, the Act XII of 1955(Kerala). The respondents 2 to 4 are the Secretary, President and Treasurer respectively of the Association. As per the averments in the said petition, the 1^st respondent, the Muslim Association, Thiruvananthapuram, was formed on 03.11.1957 and subsequently, it was registered as a society under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, the Act XII of 1955(hereinafter referred to as 'Act XII of 1955') on 22.08.1966. While so, another Association by name 'Muslim Club', a constructive public Trust, got amalgamated with the Muslim Association and thereby obtained the characteristics of a public Trust. So, O.P.(Trust) No.308 of 2016 was filed, seeking leave under Section 92 of the C.P.C., for filing a suit in regard to the affairs of the Muslim Association, Thiruvananthapuram. The reliefs sought for are, to remove the respondents 2 to 4 from the office, appointing new trustees, rendering of accounts and settling of a scheme.

2. The respondents opposed the said petition, contending that the Muslim Association is not a public trust, within the meaning of Section 92 of the C.P.C. So also, they denied the allegations of misappropriation, mismanagement and maladministration alleged against them. The said O.P.(Trust) was dismissed by the trial court on 12.01.2017, holding that the Muslim Association is not a public trust. The petitioners preferred appeal and on 14.02.2017, by judgment in F.A.O. No.7 of 2017, this Court set aside the order of the trial court and remanded the O.P.(Trust) to the court below for fresh decision. The remand was confined to the question, whether the Muslim Association is a public trust, only? All other aspects, including cause of action were concluded in favour of the appellants. Though the respondents have preferred R.P. No.181 of 2017, the same was also dismissed. They approached the Supreme Court by filing S.L.P. No.13800 of 2017 and the Supreme Court dismissed the S.L.P. at the admission stage, with a clarification that the remand is an open remand. After the remand, the petitioners amended the original petition incorporating paragraph Nos.2(B) to 2(D). The matter was heard again after the remand and the District Court dismissed the said petition, on a finding that the Muslim Association is not a public trust, within the meaning of Section 92 of the C.P.C. The legality and correctness of the aforesaid finding, is assailed in this F.A.O.

3. Heard the learned Counsel for the appellants and the learned counsel for the respondents.

4. The sum and substance of the argument advanced by the learned counsel for the appellants is that the Muslim Association has become public trust, by the amalgamation of an unregistered organisation called 'Muslim Club' with the Muslim Association in 1968-1969. The amalgamation/merger was approved by the meeting of the working committee of the Muslim Association held on 23.04.1968. According to the learned counsel for the appellants, the legal impact of the merger, the handing over the corpus by the 'Muslim Club' to Muslim Association, coupled with the obligations accepted by