O R D E R

The application has been filed seeking leave to sue under Section 92 of Civil Procedure Code, hereinafter referred to as 'CPC'.

2. The plaintiffs 1, 2 and 4, being Office bearers of the 3rd plaintiff Society claim themselves as persons working towards upliftment of the poor and needy in and around the City of Madras. The 3rd plaintiff is a registered Society, claim to be constantly involved in taking up issues relating to defalcation of Trust properties belonging to the Christian Community. The 3rd plaintiff also claim credit for organising the Joint Christian Action Council Convention in Chennai on 20.11.2016, chaired by Mr.Justice K.J.Thomas, former Justice of the Supreme Court of India on the topic of a law to govern the use of Church property.

3. According to the applicants/plaintiffs, the 1st defendant was a Trust constituted pursuant to the last will and testament of one John De Monte, a successful businessman of a Portugese origin. He had come to India in 1777 and in due course, he had accumulated extraordinary wealth in and around Chennai. On 19.07.1820, Mr.John De Monte, then aged 56 had written his last Will and Testament. After writing the Will, Mr.John De Monte, passed away in Madras in 1821. His body was taken to Mount Carmel Chapel, Covelong and interred there in accordance with his wishes. The probate of his last Will and Codicil was also granted by the erstwhile Supreme Court of Madras vide proceedings dated 28.09.1827. The 1st respondent Trust was constituted pursuant to the Will and Testament of Mr.John De Monte.

4. After the death of Mr.John De Monte, the vast estate stood vested in the executors of the Trust and the properties to be used towards public charity as outlined in the Will. According to the applicants herein, during his life time, he had found several religious and charitable Institutions like Hospital and Charity House at Luz, the Church at Covelong, the Church at Poonamallee etc. The Trust properties include, two prime and valuable properties in the heart of Madras City in Benz Garden at R.A.Puram and De Monte Colony at Alwarpet. These properties were also covered under the Will and Testament of Mr.John De Monte. According to the applicant, the original extent of the properties was around 105 acres but this had shrunk to 690 grounds in 1950's.

5. Earlier, the Trust Properties were found to be not managed properly owing to mal-administration, forcing a reputed former Civil Servant, one Mr.L.M.Menezes and others to file C.S.No.156/2002 before this Court seeking permission under Section 92 CPC. to sue the Trust. The Suit was filed to frame a Scheme for proper administration of the Trust of Mr.John De Monte. It appeared, earlier leave was granted under Section 92 CPC. in Application No.567/2002 and an interim injunction also appeared to have been granted, restraining grant of any long or short lease of the properties belonging to the Trust. Subsequently, the leave which was granted by this Court under Section 92 CPC., was revoked by the learned Judge of this Court in response to the application No.3081/2002 filed by the respondents/ defendants. As against that O.S.A.No.83 and 129 of 2003 had been filed and the Division Bench of this Court, by order dated 22.12.2003 dismissed O.S.A.No.83 of 2003 and allowed O.S.A.No.129 of

2003.

6. The matter, thereafter, went up to the Hon'ble Supreme Court in C.A.No.3052 of 2006. An affidavit was filed on behalf of the 2nd respondent herein dated 24.11.2011 to the effect that being the sole trustee of Sir John D'Monte Trust, he will not dispose of or part with or lease or deal with the properties of the DeMonte Trust in any manner to the detriment of the trust, unless necessary permission is obtained from the Competent Court, under Section 7 of The Charitable and Religious Trusts Act, 1920. On the basis of the undertaking affidavit, the Hon'ble Supreme has passed an order on 14.12.2011 directing the parties to abide by the undertaking.

7. In the brief factual