A K D KUMAR Vs. BALARAMA RAJA

JUDGEMENT

(1.) C.R.P.NPD.Nos.435 of 2004 and 959 of 2005 are directed as against the order of the Principal District Judge, Virudhunagar at Srivilliputtur, made in I.A.No.111 of 2004 in O.S.No.7 of 1953 dated 28.07.2004, which was filed by one Balarama Raja, the Managing Trustee, Sri Rav Bahadur A.K.D.Dharma Raja Educational Trust, under Section 151 of the Code of Civil Procedure. The respondents praying the Court to appoint the first respondent A.A.Subba Raja as the Trust Manager for a period of three years.

(2.) A resume of facts absolutely necessary for the disposal of these Civil Revision Petitions would run thus: The Trust referred to supra was founded by one Sri Rao Bahadur A.K.D.Dharmara of Rajapalayam and in connection with that a scheme decree was passed in O.S.No.7 of 1953 by the District Court, Virudhunagar District at Srivilliputtur. Clause (iii) of the scheme decree would run thus:

(3.) PER contra, the 5th respondent, A.K.D.Kumar through his power agent, A.K.D.Venkataramana Raja filed the counter affidavit inter alia with the averments which run thus: As per the scheme decree, the management of the trust shall be by five trustees, namely (1) Trustee Manager (Managing Trustee), (2) The District Collector (Ex-Officio), (3) Municipal Chairman (Ex-Officio), (4) A citizen of Rajapalayam to be appointed by the District Judge, from the persons nominated by the male members of the Founder's family and (5) A resident of Rajapalayam co-opted by the Four other Trustees with the approval of the District Judge. The District Judge was expected to nominate the Trust Manager for a period of three years from among the male members of each branch of the founder of the trust on rotation basis.