P R PANDURANGAN CHETTIAR Vs. M BALAKRISHNAN

JUDGEMENT

(1.) A.S. No. 235 of 1994 is directed against the judgment in O.S. No. 310 of 1996 decreeing the Suit filed by the Plaintiffs for framing scheme for Pilla Muzhangi Trust and to remove Respondents 1 and 2 from trusteeship and direct them to render accounts for Trust funds and also to hand over Trust records and to deliver possession of the Trust properties. A.S. No. 236 of 1994 arises out of dismissal of Suit in O.S. No. 93 of 1986. Since both the Appeals arise out of common judgment, and points for consideration are one and the same, both the Appeals were taken up together and disposed of by this Common Judgment. For convenience, the parties are referred to as per their array in O.S. No. 310 of 1986. The family of Pilla Muzhangi Trust Chettis formed a Trust and dedicated certain properties for purpose of certain Poojas and the benefit of Pilla Muzhangi community people. On 21.6.1970, Mahasabha/General Body Meeting was convened and a Trust was created and Ex. A.1 - Trust deed was registered on the same day i.e., 21.6.1970. Trust deed imposes certain obligations on the Trustees to perform certain Poojas - Dattatreya Homam, Vana Bojanam, Vinayagar Pooja and Utsavams. From out of 2.44 acres in Survey No. 286 belonging to the Trust, an extent of 2.10 acres was acquired for Telephone Department for which an amount of Rs. 3,31,634.55 ps. was awarded as compensation.

(2.) Defendants 1 and 2 have been in management of the Trust. The First Defendant was the Secretary of the Trust. 2nd Defendant was the Executive Committee member and Defendants No. 3 and 4 were the members. The case of Plaintiffs is that Defendants No. 1 and 2 have not acted as per the obligations cast upon them in the Trust deed. Defendants No. 1 and 2 have not performed the poojas nor convened the General Body meeting. The Defendants have not acted for the benefit of Pilla Muzhangi community people. Compensation amount of Rs. 3,31,634.55 paid for acquiring the lands for Telephone Department was received by the 1st Defendant. The Trust is having the account in Salem Central Cooperative Bank in Rasipuram. Instead of depositing the amount in the said Bank, the 1st Defendant has deposited the amount in Lakshmi Vilas Bank and the 1st Defendant is operating the account. The 1st Defendant has not shown the account to the other community people.

(3.) Further case of Plaintiff is that after acquiring the land for Telephone Department, from out of the remaining 34 cents, 29 cents was let off to the 6th Defendant for running a School. For giving the property on such long term lease, no permission of the Court was obtained nor it was brought to the notice of the General Body Meeting. In respect of 9 cents in S. No. 274/29, Defendants 1 to 4 have executed a Bhokiam - usufructuary mortgage in favour the 7th Defendant. For creating such Bhokiam in favour of 7th Defendant, no permission of the Court was obtained. Defendants 1 and 2 are acting against the objects of the Trust and they have not convened Mahasabha meeting alleging mismanagement and maladministration. Plaintiffs have filed O.S. No. 310 of 1986 for removal of Defendants 1 and 2 from trusteeship and also from forming a scheme regarding the management of Pilla Muzhangi Trust also to direct Defendants No. 1 and 2 to render accounts and deposit the amount and records in the Court.