ELAMPALLOR TRUST Vs. KAMALAKSITY AMMA

JUDGEMENT

(1.) THIS is an appeal by the first defendant. The suit was one for realisation of money. The short facts for the disposal of this appeal are these.

(2.) THE first defendant is a Private Family Trust. THE administration of the Trust is controlled and managed by as elected committee. THE present convenor is one M. Karunakaran Pillai. THE 2nd defendant is the former convenor of the first defendant Trust. THE plaintiff is also a member of the Trust.

(3.) EXT. A10 is a copy of the minutes of the first defendant which shows that on 9-e-1980 the general body of the first defendant trust decided to treat the loan amount received by it as a deposit and further decided to pay interest at the rate of 7 per cent per annum. The plaintiff alleged that she accepted the above decision. In the circumstances she demanded the amount from the first defendant. The defendants have no case that the amount has been paid. So the court below rightly found that the plaintiff is entitled to get the plaint amount with future interest at the rate of 7 per cent per annum.