LAWS(KAR)-2012-9-53

SUNDAR RAJ Vs. M.SRINIVASA NAIDU

Decided On September 05, 2012
SUNDAR RAJ Appellant
V/S
NARAYANASWAMY Respondents

JUDGEMENT

(1.) THE appellants herein are the defendants No.1 to 3 in O.S.No.4030/1989. THE suit was filed by the plaintiffs seeking that they be declared as Trustees and be directed to account for all the rents and profits accruing from the schedule properties as Trustees in execution of the Trust and the accounts be received by the Court or alternatively the Trust estate be administered by the Court for the benefit of the Trust and the defendants who are claiming to be interested in the schedule properties. THE Court below after considering the rival contentions has decreed the suit by its judgment and decree dated 07.11.2009. THE defendants No.1, 2 and 3 are therefore assailing the said judgment.

(2.) THE parties would be referred to in the same rank as assigned to them before the Court below for the purpose of convenience and clarity.

(3.) THE Court below on taking note of the rival contentions has framed as many as 6 issues for its consideration which read as hereunder: