D K RAJA Vs. P S KUMARASWAMI RAJA

JUDGEMENT

(1.) I.A. No. 275 of 1953 was an application in O. S. No. 41 of 1953 in the court of the Subordinate Judge of Ramanathapuram at Madurai in which the plaintiffs prayed for an inunction under Order 39 Rule 1 and 2 and S. 151, C. P. C., restraining the fifth defendant from doing any thing interfering with the 'status quo' of the Trust Committee and its constitution described in the plaint, pending 'disposal of the suit subject to his right to become trustee-manager for three years by devolution. The learned Subordinate Judge held that for the purpose of preserving the 'status quo' & for maintaining the balance of convenience, defendant 5 should be restrained by means of an interim injunction pending disposal of the suit from interfering with the 'status quo' of the trust committee and its constitution without prejudice to his rights to become the trustee manager for a period of three years, consequent on the death of his father and hence this appeal.

(2.) Defendant 1 in the suit who is since dead along with defendants 5 to 8 and plaintiff 2 constituted a joint Hindu family of affluent people in Rajapalayam. Plaintiff 1 who now holds the position of the Governor of the Orissa State is a very near relation of the parties. Defendant 2 is the chairman of the . Municipal Council, Rajapalayam. Defendant 3 is the District Collector, Ramanathapuram, while defendant 4 is a respectable gentleman of the locality in whom the members of the family have great confidence.

(3.) In 1932 under Ex. A-I defendant 1, who was then the head and manager of the joint family constituted a trust known as the Dharma Raja Education Charity Trust, Rajapalayam for conducting certain schools and other places of learning. For this, certain properties were set apart one of which was a shandy, the collections from which have to be utilised for the maintenance of schools and other educational institutions.