C R NEELAKANTAN Vs. SAIDAPET ANNADHANA SAMAJAM

JUDGEMENT

(1.) THIS application by the plaintiff is to implead Saidapet Annadhana Samajam by its Secretary, C. Bakthavatsalam as second defendant. There is a connected application for consequential amendment of the cause title and the several paragraphs of the plaint. That matter is not now before me as the said application is not stamped or numbered.

(2.) APPLICANT-PLAINTIFF's have filed the above suit for a scheme for safeguarding the properties of the aforesaid Samajam and its income, for proper administration of the affairs of the Samajam, for removal of Bhaktavatsalam from all posts which he claims to hold as, according to the plaintiffs, he has committed various acts of breach of trust, for appointment of a Commissioner-cum-Receiver to take inventory and for accounts etc. The plaint is laid under S. 92 C. P. C. and the Advocate General has given consent to the institution of the suit as originally framed wherein C. Bhaktavatsalam is impleaded as the sole defendant.

(3.) THE averments in the plaint are to the effect that asking advantage of the factions within the Samajam, Bhaktavatsamal has committed various acts of mismanagement and breaches of trust deterimental to the interests of the samjam and has usurped for himself all the key posts of the Samajam. It is also alleged that subsequent to the order passed in I. A. 2628 of 1962 in O. S. 2178 of 1962 (City Civil Court) that the status quo ante should continue, he has altered several rules of the Samajam and effected changes in the personnel of the committee to suit his own ends and that he had temporarily misappropriated the government grant for teachers amounting to about Rs. 2000 so that it is the plaintiffs case that the affairs of the Samajam are in a chaotic, deplorable and dangerous condition and that the funds of the Samajam are not utilised for the purpose for which they are intended.