THE IDOL OF SRI RENGANATHASWAMY, REP. BY ITS EXECUTIVE OFFICER/JOINT COMMISSIONER, SRIRENGAM, TRICHY Vs. P.K. THOPPULAN CHETTIAR

JUDGEMENT

(1.) This Second Appeal has been filed against the judgment and decree dated 31.08.2005, made in A.S. No.118 of 2005 on the file of the Principal District Court, Trichirapalli, confirming the judgment and decree dated 10.11.2004, made in O.S. No.60 of 2004 on the file of the II Additional Subordinate Court, Trichirapalli.

(2.) The appellant is the fourth defendant in O.S. No. 60 of 2004, on the file of the Subordinate Court, Trichy, who lost in both the Courts below. The first respondent Trust, represented by its Managing Trustee Sri. K. Santhana Gopalakrishnan, is the plaintiff. The respondents 2 and 3, the Trustees of the first respondent, are the defendants 1 and 2. The fourth respondent, who agreed to purchase the suit property, is the third defendant.

(3.) The first respondent filed the suit in O.S. No.60 of 2004 before the Subordinate Court, Trichy, seeking permission to sell the suit property to the fourth respondent or his nominee as per the Agreement, dated 01.02.2001 and to deposit the sale consideration in any one of the Nationalised Banks and to permit the present Managing Trustee and other subsequent Managing Trustees to withdraw only interest from the Fixed Deposit and not to withdraw corpus fund/sale consideration and carry on charities as contemplated by settlement deed, dated 08.07.1901, executed by Thoppulan Chettiar, the great Grandfather of present Managing Trustee, Santhana Gopalakrishnan.