VIJI P ISSAC Vs. WILSON JOSEPH

JUDGEMENT

(1.) The revision is filed challenging the leave granted to respondents 1 to 3 to institute a suit under Section 92 CPC against the petitioner and respondents 4 to 6, among whom respondent No.4 is stated to be a public religious trust. The revision petitioner was the third counter petitioner in the petition for leave which is numbered as O.P.No.1/2007 on the file of the Sub Court, Prumbavoor. Parties are hereinafter referred to as petitioner and respondents as ranked in the above O.P. before the court below.

(2.) Petitioners in the O.P. applied for leave under Section 92 CPC to institute a suit in respect of the fourth respondent, a public religious trust, setting forth a case that the trust has been created with the objective of spreading the teachings of Jesus Christ and it is governed by the provisions of a trust deed executed on 14.4.1987. Claiming to be the beneficiaries of that trust leave was applied for to sue the respondents. It was challenged jointly by the third and sixth respondents contending that the O.P. was not maintainable. It was further contended that the reliefs claimed in the proposed suit had already been agitated by some others and found against in a previous suit, O.S.No.231/2002 before the Sub Court, North Paravoor. They also contended that the present petitioners, who applied for leave, are close relatives of the plaintiff in the above suit and, further, the first respondent is not a public trust.

(3.) The first respondent, public trust, was represented by its managing trustee, the second respondent. The managing trustee, the second respondent alienated the immovable properties by way of registered sale deeds in favour of respondents 3 and 4, and thus committed gross abuse of his office of trust and rendered himself unfit to hold the office of trustee, according to the petitioners, who claimed that they are beneficiaries of the trust having sincere and real interest in its affairs. The alienation of the trust properties effected by the managing trustee is liable to be declared as invalid treating it as ab initio void and for that relief a suit has to be instituted, was the case canvassed by the petitioners seeking leave under Section 92 CPC.