RAJAMANICKA REDDIAR Vs. GOPAL GOUNDER

JUDGEMENT

(1.) THE plaintiffs in O. S. No. 292/79 on the file of the Sub Court, Thiruvannamalai are the appellants.

(2.) THE plaintiffs/ appellants have filed the suit for declaration, that the suit properties are trust properties; for possession; for the removal of the second defendant as trustee from the trusteeship, in respect of the suit properties; for the appointment of the first plaintiff or any male members of the family or others of the Trust as Trustee, vesting the property with him; for framing a scheme for the administration of the Trust and the Trust Properties, to fulfill the object of the Trust, as per the Trust Deed dated 17. 12. 1913 and for direction to the defendants to render account, for the income from the suit properties to the plaintiffs, on the grounds that the grand father and the father of the plaintiffs 1 to 3 have created a trust, in respect of the suit properties, under a Registered deed dated 17. 12. 1913, that as per the permanent trust created under the deed, the property must be utilised for the purpose of maintaining the permanent light, which is burning in the Moolasthanam of Shri Arunachaleswarar Temple, Thiruvannamalai, that for the purpose of creating a permanent fund for the above said purpose, Venkatasubba Reddiyar and Seetharama Reddiyar had executed a trust deed, recognising the performance of this religious act, for three generations and the descendants of the founders of the Trust also should perform the same, that violating the purpose of the Trust, the second defendant had sold the property to the first defendant, thereby failing to perform the obligation, for which the Trust was created, that the continuance of the second defendant as Trustee is not desirable, in view of the sale deed executed by him and that in order to preserve the Trust and its properties, the above said reliefs are necessary and absolute.

(3.) THE defendants 1 and 2 opposed the suit contending, that the plaintiffs are not entitled to institute the suit, either as worshippers of Shri Arunachaleswara Temple, Thiruvannamalai or as the members of the family of Seetharama Reddiar, that there is no valid Trust as known to law, that the only right which the Arunachaleswarar Temple gets under the document is a bare right viz. , to maintain permanent light, which is burning in the Moolasthanam of Shri Arunachaleswarar Temple, that the first defendant, while alienating the property had set apart Rs. 5,000/- from the sale consideration, for the fulfillment of the wish of the original founder of the Trust, that the suit is also barred under Section 108 as well as other provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act (hereinafter called 'the H. R. and C. E. Act) and if really, the plaintiffs want to impeach the alienation, they must move the Deputy Commissioner, H. R. and C. E. under Section 63 of the H. R. andc. E. Act, who alone had the right to decide, whether the properties in question belong to the endowment, which cannot be decided by the civil court.