M H RAVINDRANATH Vs. M L HANUMANTHA RAO

JUDGEMENT

(1.) O.S.A. 36 of 1978 has been filed by the plaintiffs in C.S. 82 of 1975 and O.S.A. 14 of 1979 has been filed by defendants 7 and 8 in C.S. 126 of 1972. Plaintiffs 3 and 4, and defendants 1 and 2 in C.S. 126 of 1972, are the sons of one Loganatha Mudaliar. The first appellant in these appeals is the son of the first defendant, and the second appellant is the son of the first appellant. The said Loganatha Mudaliar consecrated Sri Sai Baba, his family deity, in a Sai Baba temple at Guindy, maintained by a Trust. called Sri Sathya Sai Mandali. This Sri Satya Sai Mandali trust, which will hereinafter be referred to as the 'Trust' is managed by a Board of Trustees. Under a Trust deed dt. 3-2-1949, the said Loganatha Mudaliar created the Trust and endowed two items of properties which are shown as 'A' and 'C' Schedules in C.S. 82 of 1975. By a gift deed dt. 4-12-1946, the said Laganatha Mudaliar gifted B Schedule house on a ground bearing door No. 13 Big Street, Triplicane, Madras, to his daughter one Leela. The donee Leela executed a Trust deed dt. 30-6-1958 conveying the said house property to the Trust. This property is the subject-matter of the suit C.S. 126 of 1972, and this is also shown as B schedule in C.S. 82 of 1975. The suit C.S. 126 of 1972 was filed by the family deity and the Trust represented by the Trustees who are plaintiffs 1 and 2 and two of the sons of Loganatha Mudaliar as plaintiffs 3 and 4, for recovery of possession with mesne profits. Defendants 1 and 2 in this suit as already stated, are the sons of Loganatha Mudaliar. Defendants 4 to 6 are impleaded as parties since they claim to be the tenants under defendants 1 and 2, and the appellants herein are impleaded as defendants 7 and 8. The two sons of the second defendant were also impleaded as defendants 9 and 10. The third defendant is the brother of the wife of Loganatha Mudaliar. The suit was filed on the ground that as per the Trust deed, executed by the daughter of Loganatha Mudaliar, the trust is entitled to the property, that defendants 1, 2 and 7 to 10 have no right, title or interest in the property, and that though they were inducted as licencees, in view of the relationship to Loganatha Mudaliar, since they refused to vacate the premises the suit had been filed. Defendants 4 to 6 had been impleaded, as already stated, because they claim some tenancy rights. When this suit was pending, the appellants why were defendants 7 and 8 in C.S. 126 of 1972, filed C.S. 82 of 1975, claiming that A, B and C schedule properties, above referred to, are the joint family properties of Loganatha Mudaliar and his sons, and that they are entitled to 1/10th share in the same as the son and grandson of the first defendant, the son of Loganatha Mudaliar. In this suit, the plaintiffs; and defendants 1, 2 and 3 in the earlier suit were added as defendants along with the alienees in respect of A and C schedule properties. Substantially, therefore, the issues arising in both the suits were the same. The issues related to the nature of property, whether it is a joint family or separate property of Loganatha Mudaliar, and whether the trust deed executed by Loganatha Mudaliar on 3-2-1949 and the gift deed executed on 4-12-1946 were valid.

(2.) It may be mentioned that the Trustees of the Trust filed, on an earlier occasion, two suits. O.S. 2728 of 1960 and 2729 of 1960 on the file of the VIII Assistant Judge, City Civil Court, Madras, for recovery of two rooms in the occupation of defendants 1 and 2 in the suit B schedule house. The first defendant the father of the first appellant herein, was the defendant in O.S. 2728 of 1960 and the second defendant was the defendant in O.S. 2729 of 1960.

(3.) As may be seen from the defence in these earlier suits, and the issues framed, the question for consideration was whether B schedule property was the absolute and self acquired property of Loganatha Mudaliar, or whether it was the joint family property of himself and his sons. The other issues related to the validity of the gift deed, as also to the truth and validity of the Trust deed executed by Loganatha Mudaliar, on 3-2-1949, and Leela on 30-6-1958.