CHRISTIAN VELLALAR SANGAM PALAYAMKOTTAI THIRUNELVELI Vs. JAYANTH RHENIUS

JUDGEMENT

(1.) THIS appeal is directed against the order in o. A. No. 5109/2001 in O. P. No. 515/1996 dismissing the application and declining to revoke the Letters of Administration granted in O. P. No. 515/1996.

(2.) FACTUAL background of the case in brief are as follows: - The subject matter relates to immovable properties " house and premises bearing D. No. 258, 259 and 260, Tiruchendur Road, Tirunelveli to an extent of 25 cents and 7. 39 acres in S. No. 432/1, Arukal Village, Kodaikanal Taluk. Late Thiru. David Muthiah Devadoss , formerly Judge of High Court Madras had executeda Trust Deed on 06. 10. 1944 and the Executor had created a Trust under the said deed for promoting Tamil Literature and to award Scholarship etc. The Executor himself was the Trustee during his lifetime and after his demise, his son samuel Srinivasagam Muthukrishnan had become the Trustee. The said Samuel Srinivasagam Muthukrishnan had executed a general Power of Attorney on 10. 02. 1993 in the name of Raja Rhenius who is the sister's husband of the said Muthukrishnan. Power was conferred with the power to execute Lease Deed and Rectification Deed and other documents in connection with the properties. The said Raja Rhenius had cancelled the Trust Deed by document dated 06. 10. 1994. Thereafter, the said raja Rhenius had executed a Power of Attorney in favour of his son Jayanth Rhenius [the first Respondent] on 07. 04. 1997, empowering the first respondent to sell the properties at Palayamkottai and Kodaikanal. The first Respondent had sold the properties at Palayamkotai to the sixth respondent by sale Deed dated 11. 04. 1997. The first Respondent had also sold the Kodaikanal properties to respondents 2 to 5 by registered sale Deed dated 15. 03. 1999. The first Respondent had filed O. P. No. 515/1996 stating that it is not feasible to maintain the Trust property and the first respondent prayed for issuance of Letters of Administration, which was granted on 10. 01. 1997.

(3.) CHALLENGING the impugned Order and drawing our attention to various documents and the recitals thereon, the learned Counsel for the appellant Mr. D. Rajagopal has submitted that the entire proceeding in O. P. No. 515/1996 are vitiated by fraud and therefore, the same can be challenged by anyone at any stage. It was further submitted that the provisions under Indian Succession Act will not apply, since the Deed dedicating the property is a Trust Deed and not a Will and hence, probate proceedings will not apply to the facts of the case. The learned Counsel further urged that the appellant Society, interested in protecting the Tamil language, can seek for revocation of Letters of Administration. It was further submitted that in any event, the first Respondent should have applied for framing a scheme for administering the Trust Property and ought not to have invoked the probate proceedings.