M K RAPAI Vs. JOHN

JUDGEMENT

(1.) The appeal arises out of a suit claiming some reliefs regarding a trust, defendants 3 to 8 being the appellants and the two plaintiff's being the contesting respondents. The 1st plaintiff is a major and the 2nd plaintiff a minor represented by his father as next friend. The matter comes up before this Court for the second time.

(2.) A Christian named Kochu Vareed settled considerable properties in trust under the deed of trust, Ex. P. 1, in December 1956. He executed the supplementary deed of trust, Ex. D 2, in October 1956. Two of the trustees under Ex. P. 1 were the fathers of the two plaintiffs respectively. The father of the 1st plaintiff resigned his trusteeship on 27th May 1957 and the father of the 2nd plaintiff also resigned on 12th March, 1960. The suit was instituted in 1981 containing as many as eleven prayers, of which the last three were reliefs pending suit and regarding costs. We are not concerned with those three. Prayer (h) was abandoned by the plaintiffs and we are not concerned with that either. The other seven prayers may be extracted ; and they are :

(3.) The plaintiffs took the matter in appeal before this Court and a Division Bench heard the appeal.