A registered trust has a distinct legal identity, allowing it to operate independently of its founders, and third parties cannot interfere with its administration without proper authority.

JUDGMENT

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 3 rd 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 1 st schedule to this plaint are the Trustees of the 1 st 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 1 st schedule to the plaintiff in any way from enjoying possession and managing the property of the 1 st plaintiff Trust more particularly described as schedule 2 herein.

4. The brief facts as stated by the plaintiffs are that the property in the 2 nd 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.N.Harihara Iyer. As founder Trustees they have executed a registered Deed of Trust dated 20.10.1954 in Document No.2499 of 1954. One of the founder Trustees namely Marimuthu Konar died in the year 1955 and another founder Trustee Gomathi Sankara Diksthadar died in the year 1971. Then surviving founder trustee K.N.Harihara Iyer appointed K.V.Subramanian son of Veeraputhira Moopanar and M.P.Swamy son of Pothikasala Thevar in the place of the deceased founder trustees by exercising the power granted under the Trust Deed for appointing trustees. While so, the said K.V.Subramanian and the founder Trustee K.N.Harihara Iyer resigned the Trusteeship on 02.10.1988 and 01.08.1991 respectively. The only remaining Trustee, M.P.Swamy appointed Sangamuthu Thevar and Ilayaperumal as Trustees in the place of the resigned Trustees K.V.Subramanian and K.N.Harihara Iyer and he has executed a “Deed of Trust” to that effect on 10.06.1992. While so, the said M.P.Swamy and Ilayaperumal died, then the only surviving Trustee Sangamuthu Thevar appointed S.Gopal (the 2 nd plaintiff), Dr.Neelakanda Iyer, T.S.R. Venkatramana and Gomathinayagam as Trustees to the 1 st plaintiff Trust and to that effect the said Sangamuthu Thevar executed a Deed dated 27.10.2014. The Trustees S.Gopal, K.Neelakandan, T.S.R.Venkatramana and Gomathinayagam have been managing the Trust and they were in possession and enjoyment of the 2 nd schedule property in their capacity as Trustees to the 1 st plaintiff Trust. The 2 nd plaintiff as a Managing Trustee with the consultation of other Trustees executed a Deed dated 22.06.2015 and it makes it clear that the Trustees were the 2 nd plaintiff Gopal, Gamathinayagam, Venkatramana and Dr.Neelakandan. Subsequently, the 2 nd plaintiff S.Gopal in his capacity as a Managing Trustee to the 1 st plaintiff Trust in consultation with other Trustees appointed S.Valli daughter of Sangamuthu Thevar as one of the Trustees in addition to the existing Trustees as above mentioned by a deed dated 17.03.2017. Hence, the present Trustees of the first plaintiff Trust are as given below and their names are given in the 1 st schedule to the plaint:

1. S.Gopal

2. Gamathinayagam

3. T.S.R.Venkatramana

4. Dr.Neelakandan

5. S.Valli

5.(i) The 2 nd plaintiff Gopal, as already mentioned is a Managing Trustee to the first plaintiff Trust. He is a member in the Indian National Congress and he was a President, Town Youth Congress, Ambasamudram, and Secretary to the Regional Congress, District Secretary, Congress and a member in District Executive Committee, Congress and President Gandhi Sevak Sangh.

5.(ii) The Trustee Gomathinayagam was a former member of Executive Committee, State Congress Committee, Former Chairman, Kadayam Panchayat Union and is a son of Shanmugam Pillai, the Martyr.

5.(iii) T.S.R.Venkatraman