A civil suit for declaration regarding trust property is not maintainable when a specific remedy under the Indian Trusts Act, 1882 exists; additionally, disciples lack the locus standi to maintain a title suit in the absence of evidence establishing the formal existence of a trust and its properties.

J U D G M E N T :

Heard Sri Y. Srinivasa Murthy, learned Senior Counsel on behalf of appellants and Sri D.V. Seetharama Murthy, learned Senior Counsel on behalf of Respondents 7 to 11.

2. Appellants are defendants 3 to 10 in O.S.No. 22 of 2000 on the file of the III Additional District Judge’s Court, Warangal. The suit was filed seeking the relief of declaration, eviction/restoration of possession, rendition of accounts and permanent injunction in favour of defendant No. 1 - Trust for which defendant No. 2 is the sole Trustee and against Defendant No. 3 - Society and Defendants No. 4 to 10. The suit was decreed on 05.09.2003 against which the appellants are before this Court.

3. The parties are arrayed as they are shown in the suit, for easy reference.

4. The case of plaintiffs – respondents, in brief, is that they are disciples of defendant No. 2 who is a Yogi who is disseminating the knowledge and practice of Yoga, Meditation and treating and healing the people with Yogic Therapy and medicines and since his child hood, he evinced unusual and extraordinary interest and used to attend on Sadhus and Sanyasis to acquire spiritual knowledge from them and that he accompanied them and spent several months in Rishikesh when he was 12-year-old and acquired knowledge of yoga, training himself with yogic practices and Yogic healing of the sick and suffering; he acquired this knowledge from famous Yogi Kali Kambal who had a big Ashram at Himalayan foothills and learnt healing properties of various plants, leaves, herbs, etcetera available at Himalayan foothills and later, returned to Hanamkonda and established a center for teaching Yoga at Wardhannapet Village, Warangal District in 1984 under the name and style of Mathaatheetha Sai Meditation Center. It is a Public Charitable Trust and that in appreciation of his services giving Yoga meditation with well-known tantric mode of Kundalini, land owners namely Goli Bakki Reddy and Goli Narsimha Reddy had donated, adjacent two pieces of land each admeasuring Ac.1.00 gts. at Wardhannpet in October, 1984 enabling defendant No. 2 specifically to make use of the same for his services; Goli Narsimha Reddy executed gift settlement deed on 21.04.1988 and registered the same and gift made by his brother Goli Bakki Reddy in October, 1984 is yet to be formalized and said total land of Ac.2.00 gts donated in favour of defendant No. 2 is on behalf of Public Charitable Trust. The said Charitable Trust at Wardhanpet was put on an even keel and is being carried on regularly and defendant No. 2 started another center near Bhadrakali Temple in Warangal. He also started another center in the Housing Board Colony at Hanamakonda 11 years thereafter at the request of residents of said colony.

4.1. It is also the case of plaintiffs, defendants 4 to 10 are among those who joined in the above Yoga Center and very early seemed to have realized the efficacy and potentialities of Yoga Center and earned the confidence of Trust and Defendant No. 2 and began advising him stating it is better to systemize the center's activities and organize disciples and ensure discipline in the conduct of activities and affairs of the center. In that connection, defendant No. 2 being illiterate allowed defendants 4 to 10 being highly-educated and well-placed, to do whatever they wish and signed several papers blank and typed ones, since, they said that in case of need without having to return to Warangal, they would use the papers at Hyderabad in connection with registration of center and later defendant No. 4 to 10 managed to get registered a Society i.e. 3rd defendant.

4.2. It is also the case of the plaintiffs, because of the of services of defendant No. 2, one Nallela Rama Swamy and his sister-in-law Smt. Lachamma had endowed to the Yogashram Ac.0.12 gts. of land in Survey No. 757 on the way to and in