MAISTRY THIMMAIACHAR CHOULTRY TRUST Vs. C CHANNA KRISHNA

JUDGEMENT

(1.) THIS is a defendants appeal challenging judgment and decree passed by III Addl. District Judge, Mysore, dated 14.12.2010 in O.S.No.4/2009, whereunder suit filed under Section 92 of CPC to draw a scheme for management of suit schedule property and to remove defendant Nos.2 to 8 from the management of schedule property and to appoint new trustees for effective management of Trust known and called as "Maistry Thimmaiachar Choultry".

(2.) FACTS in brief leading to filing of this appeal are as under:

(3.) DEFENDANTS , on service of suit summons, appeared and filed written statement denying the averments made in the plaint. They contended that defendant Nos.2 to 8 have been discharging their duties as trustees and second defendant was President of the Trust. It was also contended that choultry was constructed in the year 1935 and it had become very old and was in a dilapidated condition and amenities available at the choultry was not up to the expectation of general public and for better utilization of the property, steps have been taken by the defendants. It was contended that income derived from choultry is hardly sufficient to meet even the municipal tax liability and income derived from the shops is not sufficient for the activities of the Trust. Since Trust could not visualize the construction of new choultry building by demolishing the old existing building for want of funds, Board of Directors resolved to let out entire property on long term lease to the prospective tenant who was agreeable to demolish the entire structure and put up a new structure in its place and he had agreed to pay substantial sums of money as rent besides surrendering building to be constructed to the Trust in due course. Hence, it was contended that Trust has handed over vacant possession of the building to the lessee -Sri.Venkatesh. It was also pleaded that said lessee has been negotiating with the tenants who are in occupation of various portion of the building namely shops to obtain vacant possession and on account of tenants adamant attitude, Trust has taken steps to evict the tenants. It was specifically pleaded that Trust property has not been alienated to the detrimental interest of the Trust. Hence, they sought for dismissal of the suit.