K S THANGAPANDIAN Vs. JAYAPAL

JUDGEMENT

(1.) THIS revision was heard as the Bar for respective parties requested to dispose the main revision itself along with miscellaneous petition as it fails within a short compass for consideration.

(2.) THE order passed by the learned Subordinate Judge, periyakulam in I. A. No. 41 of 1991 in O. S. No. 2 of 1987 on 1. 10. 1992 is the subject-matter of challenge in this revision which has emerged from an application filed under Sec. 151 of the Code of Civil Procedure, by and on behalf of the revision petitioner herein who is the first defendant in the suit. THE two respondents herein filed a suit O. S. No. 2 of 1987 before the trial court under O. 7, Rule 1, Sec. 92 of the Code of Civil Procedure for the relief of framing a scheme for the administration of the THEni Chatram Trust and its properties and removing defendants 1'to 4 from trusteeship and along with the suit they have filed a petition and obtained the leave to sue as provided under Sec. 92 of the Code.

(3.) TO appreciate the point in its proper perspective, it is worthwhile to extract the provision of law viz. , Sec. 92 of the Code, which runs as follows: '92. Public Charities: (1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the court is deemed necessary for the administration of any such trust, the advocate-General, or two or more persons having an interest in the trust and having obtained the leave of the court, may institute a suit, whether contentious or not, in the principal civil court of original jurisdiction or in any other court empowered in that behalf by the State Government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate to obtain a decree' (a) removing any trustee; (b) appointing a new trustee; (c) vesting any property in a trustee; (cc) directing a trustee who has been removed or a person who has ceased to be a trustee, to deliver possession of any trust property in his possession to the person entitled to the possession of such property; (d) directing accounts and injuries; (e) declaring what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust; (f) authorising the whole or any part of the trust property to be let, sold, mortgaged or exchanged; (g) settling a scheme or (h) granting such further or other relief as the nature of the case may require. "