ARUMUGHASAMY Vs. SOBBIAR AND PALIVITHIAR GOTHIRAM

JUDGEMENT

(1.) THE legal representatives of the deceased first defendant are the appellants here.

(2.) THE suit is filed for declaration that the sale of suit property in favour of the first defendant by the second defendant on 21. 2. 1976 is void and not binding on the plaintiffs and consequently, directing the first defendant to deliver possession of the property to the plaintiffs. Mesne profit was also sought for.

(3.) THE plaintiffs have contended that the suit property originally belonged to Vengidusamy Chettiar, Arunachala Chettiar and Thaiyalnayagi Ammal, who belong to Sobbiar Gothram, a sub sect of 24 manai Telugu Chettiar. They created trust in respect of the suit property under the Registered Trust Deed, dated 27. 1. 1961. Under the trust deed, the aforesaid three persons dedicated suit properties for the purpose of constructing a temple for Angalaparameswari which is a family deity of Sobbiar and Palivithiar subsect of 24 manai Telugu Chettiar Vengidusamy. One of the donors of the trust became the first trustee of the trust. After the demise of Vengidusamy, the management of the trust came to be shouldered by the second defendant. The second defendant was in possession of the suit property as a trustee. The second defendant had no authority to sell the trust property which was dedicated for a specific purpose. But the second defendant acted as against the interest of the trust and sold away the suit property to the first defendant on 21. 12. 1976 contrary to the terms of the trust. There was no necessity to sell the trust properties. Its worth is more than Rs. 500 per cent as on the date of alienation. The Hindu Religious and Charitable Endowment Board has no right to permit the second defendant to sell the property. The permission granted by Hindu Religious and Charitable Endowment Commissioner is not valid in law. The suit is filed in the representative capacity by the plaintiffs, who belong to Sobbiar and Palivithiar subsect of 24 manai Telugu Chettiar caste. They have right to protect the interest of the entire community and the trust. Hence, the suit for the aforesaid relief.