M S ARPUTHASWAMY Vs. M SAVARIMUTHU UDAYAR

JUDGEMENT

(1.) SECOND respondent in SECOND Appeal who is the first respondent in the connected C.R.P. filed O.S. No. 179 of 1981, on the file of the District Munsif's Court, Uthamapalayam, for declaration and permanent injunction. The suit filed was in respect of the management of a School. First defendant is the father of the plaintiff, and the first appellant in the SECOND Appeal is the elder son of the first defendant. It is seen that in respect of the management of the School, there was some dispute, and the plaintiff wanted certain resolution alleged to have been passed by the first defendant to be declared as invalid, and he also wanted a declaration that himself and defendants 1 to 5 in the suit are entitled to continue and act as members in the Executive Committee. Pending suit, defendants 2 and 3 died.

(2.) THE trial court, as per judgement dated 7-2-1986, passed a decree in terms of the plaint. Pending suit, defendants 2 and 3 died and, therefore, the declaration granted was that the plaintiff, defendants 1, 4 and 5, and one of the heirs of the second defendant and one of the heirs of the third defendant are entitled to act as members of the Executive Committee. A permanent injunction was also granted.

(3.) IN the suit first defendant disputed the claim of the plaintiff and put forward a contention that the school belongs to him exclusively and it is a minority institution. According to the first defendant, being a minority institution, there need not be any Council in the management, and therefore he is entitled to administer the same as his own. It is seen that the first defendant has also passed certain resolutions or taken some decisions by which defendants 6 and 7 were also brought into the Management.