C KOLAMMAL Vs. NAVABHARATH VIGNAN TRUST

JUDGEMENT

(1.) These matters have arisen from the common judgment and decree passed by the Additional District Court-II, Kollam in O.P.No.433 of 2011 and O.S.No.1/2013. O.S.1/13 was originally filed before the Munsiff's Court, Attingal as O.S.No.242/2011. As per the orders of the Division Bench of this Court, O.S.No.242/2011 of the Munsiff's Court, Attingal was also ordered to be jointly tried along with O.P.No.433/2011.

(2.) Both these matters relate to a Trust named "Navabharath Vijnhan Trust" registered as per the provisions of the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955(hereinafter referred to as 'the Act'). The Trust is hereinafter referred to as "the Society".

(3.) O.P.No.433/2011 is filed by one of the founder trustees named C. Kolammal as the first petitioner, and other three persons, who are claiming to be members of the Society, as petitioners 2 to 4. The fact as to whether petitioners 2 to 4 are members of the society is in dispute. The first respondent is the Society represented by the 2nd respondent. The 2nd respondent M. Basheer as well as the 3rd respondent are admittedly founder trustees(members) of the Society, along with the first petitioner. The 3rd respondent Sulaika Beevi, is the wife of the 2nd respondent. The 4th respondent and additional respondents 5 to 7 are also claiming to be the members of the Society; whereas, the said fact is strongly disputed.