S.A. KANNAN Vs. K.S. JEGARAJ

JUDGEMENT

(1.) The appellants filed an Original Application under the Indian Trust Act before the Principal District Court, Salem in the matter of Appavoo Chettiar Trust. The petition was filed under Sec.74 of the Act r/w Sec.92 of Civil Procedure Code with a prayer to appoint the appellants as trustees and also for a declaration that a sale deed dated 23.7.2007 is null and void.

(2.) The respondents filed an application in IA No.156 of 2009 under order 7 Rule 11 of Civil Procedure Code to reject the main petition in O.P.No.239/2008, as the suit itself is not maintainable.

(3.) The appellant filed a counter and the issue before the learned Additional District Judge, Salem was, whether Appavoo Chettiar Trust is a private trust or public trust and whether the appellants have complied with the requirements under Sec.92 of Civil Procedure Code and whether the Original Petition is to be rejected under Order 7 Rule 11 of Civil Procedure Code.