MELUR PANCHAYAT UNION Vs. L SUNDARARAJAN

JUDGEMENT

(1.) This is an appeal by the plaintiffs 3 and 4 in 0. S No. 419 of 1973 on the file of the III Additional Subordinate Judge, Madurai against the judgment and decree dated 25-10-1976 in the said suit dismissing the said suit Instituted under Sec. 92 C. P. C.

(2.) It is unnecessary at this stage to dwell in detail the case that has been put forward by either side before the trial court. Because, it is sufficient for the purpose of this appeal if it is only said that the suit had been instituted by all the plaintiffs for changing the object of the trust that had been created by one Ananthanarayana Deek-shidar, for providing food to Byragis and Brahmins, into one of Educational institution, it was also opposed by the defendant in the trial court that inasmuch as the scope of See. 92 (17 (h) does not contemplate such a kind of transformation of the object of the trust into one something different from the object with which it had been initiated Or started by the founder, and what is more, if at all that is the scope of construction. first of all, the plaintiffs are obliged to prove with adequate evidence that there has been no scope at all to carry on the object of the trust any further, namely, to provide food for Byragis and Brahmins, then only the question of transforming the trust into one for educational institution that is proposed can be taken into consideration at all.

(3.) As a matter of fact, the main point urged on behalf of the appellants, namely. plaintiffs 3 and 4 is that Ananthanarayana Deekshidar got the land as inam from, the Nawab of Arcot, though the details relating to the date and the purpose for which the inam was granted by the Nawab of Arcot are not known, It is also not disputed that the trust came into existence for the said purpose, Therefore it is not now open to have a dispute over the matter especially when it is common ground that the said trust though not Properly being maintained, has lost its character of providing food for Byragis and Brabmins,