R KASIMUTHU VEERAPANDIAN Vs. V GURUVAMMAL

JUDGEMENT

(1.) The successful plaintiff in O.S.No. 343 of 1985 on the file of District Munsif Court, Kovilpatti, has preferred the second appeal aggrieved against the judgment and decree of the learned Subordinate Judge, Tuticorin, made in A.S.No. 20 of 1980 dated 19.3.1991 reversing the judgment and decree of the trial Court dated 21.12.1987.

(2.) The case in brief is as follows: The plaintiff filed a suit for declaration that item 1 of the property is endowed to the II Schedule Trust and permanent injunction restraining the defendants from purchasing the properties. The suit properties originally belonged to Veerabagu Chettiar and his wife, the first defendant. They executed two Trust Deeds under Exs.A-1 and A-2. They founded the Trust as mentioned in the II Schedule and the properties covered under the first schedule were absolutely dedicated. The trust and the Charity has to be carried on with the funds realised from the first schedule. After their lifetime, the eldest male member has to carry on the trust. On 28.6.1974, Veerabagu Chettiar died. Now, the 4th defendant being the eldest male son is functioning as a Trustee and is in enjoyment of the properties. The plaintiff's mother and the brothers of the plaintiff are residing in item No. 2 of Schedule No. 1. Now, the first defendant is aged and lost eyesight and she is not in a position to do any work without the assistance of third party. She is residing at Tuticorin since 1978. Now, at the instigation of one Deivanai, defendants 1 to 4 joining together have alienated the property in favour of defendants 5 to 9. Defendants 1 to 4 have no right whatsoever to alienate the property and hence, the suit.

(3.) The defendants resisted the suit contending that the entire properties have not been absolutely dedicated to the Trust and there was only partial dedication. The charities mentioned in the documents have to be performed and the excess amount, if any, can be used by the Trustees themselves. When the first defendant, is alive, the plaintiff will not get any right in the administration of the Trust and as such, he is not entitled to file the suit. Defendants 7 and 8 further stated that they are bona fide purchasers. The suit filed by the plaintiff is not maintainable and as such, it is liable to be dismissed.