S SUBRAMANIAM Vs. S RAMADOSS

JUDGEMENT

(1.) The appeals, viz. OSA No.115 of 1999 and 14 of 2001 are filed by the plaintiffs 4 and 5 respectively in C.S.No.242 of 1986 and OSA No.144 of 1999 is filed by a third party to the proceedings against the Scheme in C.S.No.242 of 1986. The said suit was filed for framing of the Scheme in respect of P.T.Lee Chengalvaroya Naicker Trust. The Scheme is in respect of the management of the Trust, which is running educational institutions and also owning immovable properties. Originally, this was also attached with the Pachaiyappa Trust and subsequently, there was a bifurcation bifurcating the present trust. Hence the necessity for framing the Scheme arose and the plaintiffs filed the suit for the same.

(2.) It is unnecessary for us to discuss in detail with regard to the Scheme framed by the learned Judge, by his order dated 1.4.1999, since the learned counsel for the appellants challenged the Scheme only in respect of the following clauses. (a) Sub clause (iv) of Clause (2) prescribing the qualifications of the maximum age, which is as follows: "He or she shall have completed 40 years of age and shall not be more than 75 years of age." (b) Clause (4) deals with the composition of the Board of Trustees, which is as follows:

(3.) Barring these Clauses, the counsel appearing for either side accept the scheme by and large, in the interest of the institution as well as the trust.