LAWS(MAD)-2021-11-134

CLEMENT SELVARAJ Vs. JOHN DE MONTE TRUST

Decided On November 17, 2021
Clement Selvaraj Appellant
V/S
John De Monte Trust Respondents

JUDGEMENT

(1.) The application has been filed seeking leave to sue under Sec. 92 of Civil Procedure Code, hereinafter referred to as 'CPC'.

(2.) The plaintiffs 1, 2 and 4, being Office bearers of the 3rd plaintiff Society claim themselves as persons working towards upliftment of the poor and needy in and around the City of Madras. The 3rd plaintiff is a registered Society, claim to be constantly involved in taking up issues relating to defalcation of Trust properties belonging to the Christian Community. The 3rd plaintiff also claim credit for organising the Joint Christian Action Council Convention in Chennai on 20/11/2016, chaired by Mr.Justice K.J.Thomas, former Justice of the Supreme Court of India on the topic of a law to govern the use of Church property.

(3.) According to the applicants/plaintiffs, the 1st defendant was a Trust constituted pursuant to the last will and testament of one John De Monte, a successful businessman of a Portugese origin. He had come to India in 1777 and in due course, he had accumulated extraordinary wealth in and around Chennai. On 19/7/1820, Mr.John De Monte, then aged 56 had written his last Will and Testament. After writing the Will, Mr.John De Monte, passed away in Madras in 1821. His body was taken to Mount Carmel Chapel, Covelong and interred there in accordance with his wishes. The probate of his last Will and Codicil was also granted by the erstwhile Supreme Court of Madras vide proceedings dtd. 28/9/1827. The 1st respondent Trust was constituted pursuant to the Will and Testament of Mr.John De Monte.