M K RAPPAI Vs. JOHN

JUDGEMENT

(1.) This is an appeal from the judgment, dated 18/05/1964 of the High Court of Kerala allowing the appeal in part and allowing declaration to the effect that the plaintiffs are next in the line of succession to V. L. Lazar and T. V. John respectively and that they are entitled to claim an appointment as trustees. The High court, however, concluded by saying that such appointment could be made in a properly framed suit under Section 92 of the Code of Civil Procedure. Counsel for the appellants contended that the High court was in error in making the declaration particularly when the High court said that suchappointment could be made only in a properly framed suit under Section 92 of the Code.

(2.) In order to appreciate the matters in controversy it is necessary to refer to a few facts and the frame of the suit.

(3.) The plaintiffs filed this suit in 1961 for a declaration that defendants Numbered 4 to 9 were "trespassers" on the trust and that all acts and proceedings of defendants Numbered 1 to 9 done since the resignation of T. V. John and V. L. Lazar respect of the administration of the trust are invalid and void ; that the plaintiffs be appointed as trustees ; that defendants Numbered 10 to 11 be declared to be, and to have always been, lawful trustees and for injunction restraining defendants Numbered 4 to 9 from interfering with the trust ; that an enquiry be made into their administration and accounts, recovery of properties and funds misused, wasted) disbursed or appropriate, and that defendants Numbered 1 to 3 be declared to be unfit to continue as trustees. '