LAWS(MAD)-1995-1-109

R SADAYAPPAN Vs. P NAGARAJAN

Decided On January 21, 1995
R SADAYAPPAN Appellant
V/S
P NAGARAJAN Respondents

JUDGEMENT

(1.) REVISION petitioner Sadayappan is applicant No. 1 in the proceedings dated 14-6-1994 in O. S. No. 68 of 48 in the court of Subordinate Judge, Nagapatinam (O. S. No. 17 of 60 in the court of Subordinate Judge, Mayiladuthurai ). On 24-7-1951 in O. S. No. 68 of 48 learned Subordinate Judge of Mayuram passed a Scheme decree regarding'the anbanathapuram vahaira Charities'. As per the Scheme, the surplus income available after the performance of the charities in the Dhitta Japta is to be utilised for the promoti on of education by the establishment of a college etc. Accordingly a college has been established by the charity under the name A. V. C. College, Mannampandal with the approval and sanction of the Court. On 6-4-1960 the Scheme was amended. Subsequently the suit was re-numbered as O. S. 17 of 1960. The Scheme provided that the entire property of the charities shall vest in a Board of Trustees consisting of a Chairman and five trustees to be appointed by the court as far as possible from members of the original five families that gave the original endowment if they are not otherwise disqualified. The administration and the management of the trust shall also be vested in the Board of Trustees. Every member of the Board of Trustees shall hold office for a period of five years from the date of his appointment subject to the efflux of time, resignation or removal or death or disqualification so asto be made by the Court from among the male members of the 5 families as far as possible. The five families are known as Anbanathapuram, Enathimangalam, Pallavarayapet, Karkudi and kankanamputhur families. In his proceedings dated 12-7-82 , learned Subordinate Judge appointed one r. Sadayappan and M. Ram Mohan Shanmugham hailing from Kankanamputhur family and pallavayapettai family respectively as trustees in the then existing two vacancies. It appears that subsequently a vacancy across in respect of kankanamputhur family trustee. The present revision petitioner Sadayappan and the respondent Nagarajan and D. Sugumar contested to the said post. After setting out the qualifications and other details of the contestants, learned subordinate Judge appointed Sugumar as the trustee for a period of five years. Aggrieved by the said order, the revision petitioner herein preferred C. R. P. No. 1297 of 93 on the file of the Court. Abdul Hadi. J. , allowed the Civil REVISION petition and set aside the order of learned Subordinate Judge and remanded it back for fresh consideration. Thereafter, the court below passed an order on 14-6-94 again appointing the said sugumar as the trustee. And in the Civil REVISION Petition, the said order is challenged by Sadayappan, one of the three applicants to the post.

(2.) IN the impugned order, the learned Subordinate Judge has set out the qualifications and other details about the rival claimants as borne out by their own respective statements and documents in this manner. The revision petitioner Sadayappan who is 48 years old is a Bachelor of Arts. He is working as a Physical INstructor in a School. He has served as a trustee for one period from 12-7-82 to 1-7-87. He owns five lakhs worth of properties. He has produced the certificates from the school where be is working. The management has no objection to appoint him as a trustee. His further claim is that he is not in possession of any part of the trust property either as a trustee or in any other capacity.

(3.) LEARNED Subordinate Judge has taken into consideration that both the rival claimants had served one year term in the post of trustee and that both are residents of Mayiladuthurai.