R VENUGOPALA NAIDU Vs. VENKATARAYULU NAIDU CHARITIES

JUDGEMENT

(1.) Venkatarayulu Naidu Charities is a public trust.- V. P. Venkatakrishna Naidu and V. P. Rajagopala Naidu, filed an original suit No. 28 of 1909 (hereinafter called original suit) in the court of Subordinate Judge, Mayavaram under Section 92 of the Code of Civil Procedure praying inter alia that the defendant trustee be removed from the said office and a new trustee be appointed with directions to recover trust properties improperly and fraudulently alienated by the defendent. The subordinate court permitted the trustee to continue and framed a scheme-decree dated September 9, 19 10 for the future management and administration of the trust. Clauses 13. and 14 of the scheme are as under:

(2.) The question for consideration in this Appeal is whether "parties" mentioned in Clause 14 of the scheme-decree reproduced above mean only the named plaintiffs and defendant in the suit-title and their successors-in-interest or the suit being representative it includes all those who are interested in the trust.

(3.) Further necessary facts are as under: The trust owns several items of properties. We are concerned with the following two properties alone of the trust.