V.K.AMALRAJ Vs. K.JOHN BRITTO

JUDGEMENT

(1.) This appeal has been filed against the rejection of plaint ordered by the Court below under Order VII Rule 11 of CPC mainly on the ground that there was no cause of action for the plaintiff to maintain the suit.

(2.) The appellant / plaintiff filed the suit seeking for the relief of declaration to declare that the suit property is the property of the Trust and for a consequential direction to the defendant to reconvey the suit property to the plaintiff Trust and for permanent injunction directing the defendant or his men or agents not to encumber or alienate the suit property.

(3.) The plaintiff laid the suit mainly on the ground that the Trust called as Gomathy Trust was instituted by the plaintiff and his family members in the year 1984 and the property purchased by the plaintiff was brought in as a Trust property.