KARUPPIAH Vs. MARIAPPAN

JUDGEMENT

(1.) PLAINTIFFS 1, 2 and 4 to 9 in O.S. No. 1057 of 1978, on the file of the District Munsif's Court, Palani, are the appellants.

(2.) SUIT for declaration that the plaint properties are trust properties and, therefore, defendants are not entitled to alienate or otherwise encumber the same, and for consequential injunction.

(3.) ON 1.2.1923, Karuppa Kudumban and Chinna Karuppa Kudumban endowed and dedicated the suit properties for certain religious and charitable purposes by mean of a document and thereby absolutely vested them with the Trust created under that document. They have constructed a small "Madam" and installed Lord Vigneswara idol in Item No. 1 of the suit properties. They have also placed a portrait of one Sankaralingam Pillai, whom they considered as their family God. They also installed an idol called Nandan in Item No. 1 of the suit properties. Karuppa Kudumban and Chinna Karuppa Kudumban dedicated the suit properties for the purpose of performing "Pooja" to Lord Vigneswara and the portrait of Sankaralingam Pillai and for the purpose of putting up light in the Madam and in the Nandan and for the purpose of performing Maheswara Pooja during Panguni Uthiram festival in the Palani Hill Temple. They dedicated the suit properties permanently for the above said purposes. As per the recitals in the trust document, t he properties are not liable to be alienated either by the persons who created the trust or by their heirs at any point of time. Karuppa Kudumban and Chinna Karuppa Kudumban agreed to do the above said activities alternatively and the above said Trust deed came into operation during the lifetime of Karuppa Kudumban and Chinna Karuppa Kudumban. The objects of the Trust were performed by both the brothers. After their death, the object of the Trust was performed by Paramasivam, the senior son of Karuppa Kudumban, and by the sons of Chinna Karuppa Kudumban. Paramasivam is now no more and the sons of Chinna Karuppa Kudumban have become old and they could not do anything now. So, the plaintiffs and the defendants were doing the activities mentioned in the Trust Deed. While so, defendants joined together and wanted to clutch the properties dedicated to the Trust, for themselves. Hence the suit for a declaration that the suit properties belong to the Trust, and for an injunction restraining the defendants from interfering with the possession of the plaintiffs in respect of the suit properties as Trustees.