M. ISMAYIL Vs. M.A. KAMARUDEEN

JUDGEMENT

(1.) AGGRIEVED by that portion of the order dated 16.10.2014 in CMA No. 67/2014 whereby after finding that the petitioners are not entitled to the relief of temporary injunction, the court below directed appointment of a receiver to preserve the trust property, the respondents before the court below have come up with this original petition.

(2.) THE matter relates to administration and management of a Madrasa. One Mohammed Shaharani Mussliyar created a trust and as per the trust deed, the management of the trust was entrusted with its founder. The deed contains elaborate provisions regarding the management of the trust during and after the life time of the founder of the trust. It is not in dispute that the founder of the trust passed away in 1993. Thereafter the petitioners before this Court came into possession and management of the trust property allegedly as per the provisions of the trust deed. The respondents before this Court laid a suit on the ground that after the death of the founder of the trust, since the other clauses in the trust deed had not been brought into force, going by clause 6 of the deed, they are entitled to be in possession and management of the trust property and therefore, the petitioners before this Court may be restrained from interfering with the administration and management of the property.

(3.) THE court below found that even though the respondents before this Court claim to be in absolute possession of the trust property, they were not successful in establishing how and when they came into possession of the property and their right to have the petitioners before this Court restrained from interfering with the possession of the trust property. The result was that the application was dismissed by the trial court. On appeal by the plaintiffs in the suit, the appellate court concurred with the trial court's finding. But strangely thereafter the court went on to observe that it is the duty of the court to protect the interest of the trustees and trust properties and therefore issued a direction to the trial court that in case an application is filed, a receiver shall be appointed.