LAWS(MAD)-2005-2-53

VEERASWAMY Vs. THOPPUTHURAI MELATHIRUVASAL SRI VARA PERUMAL TRUST

Decided On February 23, 2005
VEERASWAMY Appellant
V/S
THOPPUTHURAI MELATHIRUVASAL SRI VARA PERUMAL TRUST Respondents

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment and decree of the learned Principal Subordinate Judge, Nagapattinam, in A.S. No. 9 of 2004 in confirming that of the learned District Munsif, Nagapattinam, in O.S. No. 646 of 2000.

(2.) THE defendant is the appellant.

(3.) IN support of the contention that the suit is not maintainable at the instance of only one of the trustees, reliance is placed on the judgment of the Supreme Court in O.P. Srivastava & Sons (P) Ltd. v. Gwalior Sugar Co. Ltd., 2005 (1) SCC 172.