KANNAN Vs. SIVAGIRI MADHOM SOCIETY

JUDGEMENT

(1.) The appellant in this second appeal was the 1st defendant in O. S. No. 87 of 1948 on the file of the Tellicherry Sub Court. That suit was filed by respondents 1 and 2 as plaintiffs for recovery of certain immovable and movable properties alleged to have been gifted by the father of defendants 1 and 2.

(2.) In the Trial Court the suit was decreed but in appeal the High Court dismissed the suit with costs. The decree passed by the High Court is being executed and the question that arises for consideration is whether the decree for costs is against the estate of Sivagiri Madhom Society of Sree Narayana Dharma Sanghom, of which the 1st and 2nd plaintiffs (1st and 2nd respondents) were the President and Secretary respectively. In the decree of the High Court, respondents 1 and 2 are described as President of the Sivagiri Madhom Society of the Sree Narayana Dharma Samajam, Swami Sankaranandan and Secretary of the Society Swami Narayana Thirthan. The decree runs as follows:

(3.) It was argued on behalf of the appellant by his learned counsel that respondents 1 and 2 had filed the suit in their capacity as President and Secretary of Sivagiri Madhom Society, that the suit was on behalf of the society and that the costs should be recovered from the society as the respondents had no personal interest in the suit filed. In support of this contention he relied on a decision of the Allahabad High Court in Shyan Sunderm Shanti Devi AIR 1961 Allahabad 563.