P N MALKAJIGUNDA Vs. RAMASWAMI CHETTIAR

JUDGEMENT

(1.) The plaintiffs bring this suit under Section 92 of the Civil P. C. against seven defendants and pray for the removal of the defendants from management, for the appointment of new trustees, for an account from the defendants and for the settlement of a scheme. In the plaint it is stated that defendants Nos. 6 and 7 are the "present trustees" of the plaint temple and defendants Nos. 1 to 5 are the Nattamaikars who are entrusted with collecting money due to the temple; and, although defendant Nos. 1 to 5 are not specifically described in the plaint as trustees, it is clear from the language of the plaint that the allegation is that they have been in management of the trust and should be removed on account of their misappropriation of The temple funds.

(2.) When the case came on for trial The plaintiffs and defendants Nos. 6 and 7 agreed upon a schedule which was approved of by the Court, but defendants Nos. 1 to 5 were ex parte to this hearing. A preliminary decree was, therefore, drawn up settling the scheme and ordering a Commissioner to examine The accounts in order to find out which of the defendants were liable to make good monies to the temple.

(3.) In accordance with this decree, The Commissioner proceeded to examine the accounts and to take evidence and, as a result of his enquiry, he sent in a report to which objections were taken by the defendants. After hearing these objections, the learned Subordinate Judge has found that defendants Nos. 6 and 7 have to make good a sum of Rs. 338; that the 1st defendant has to account for Rs. 2,774-8-2, and that the 7 defendant is also liable for another sum of Rs. 60.