C.C.MOSSES Vs. STEWARD CO. LIMITED I

JUDGEMENT

(1.) The appellants are plaintiffs 2,4,5,8,9 and respondents are defendants 1 to 14 and plaintiffs 1, 3, 6 and 7 in the suit O.S. No.10/1990 on the file of the District Court, Thrissur.

(2.) The plaintiffs claimed reliefs contemplated under Sec. 92 of the Code of Civil Procedure in respect of a constructive Trust created for public purposes of a charitable and religious nature. Defendants 1 to 14, who are dealing with the plaint schedule properties which belonged to the trust, are allegedly guilty of breach of the stipulations of the trust, and the framing of a scheme is necessary for the due and proper administration of the trust. Hence, the plaintiffs prayed that the trustees be removed and they be directed to account for the properties and income which have come into their hands.

(3.) Appellants are members of a religious denomination known as "Brethren Assembly". It is contended that the plaint schedule properties were acquired by one Mr.Nagel, a Christian Missionary who had come to India as a missionary of Basal Mission, and that during the course of his missionary activities, he acquired the properties, obtained funds from Christians and others, not for his personal benefit, but for missionary work. It is further contended that though the properties were acquired in his name, the same were in fact acquired for and on behalf of a trust created by him and were impressed with the character of a trust from the very inception.