SRI VENKATACHELLAPATHY SABYYA VYAVASAYA CO BY ITS PRESIDENT, S R VENKATRAMIER Vs. KANAKASABAPATHI PILLAI (DHARMUM)

JUDGEMENT

(1.) This is a petition under Section 25 of the Provincial Small Cause Courts Act, 1887, against the decision of the Subordinate Judge of Tuticorin on the preliminary objection that the suit being one " relating to a trust " within the meaning of Art. 18 of the Second Schedule to the Act, it was not triable on the Small Cause side of the Court. The Subordinate Judge allowed the preliminary objection.

(2.) The suit is by a limited liability company brought in the name of the " President " of the company, for " subscriptions " alleged to be due to the company under its articles of association and rules, from defendants Nos. 2 to 4 as members of the company.

(3.) Defendants Nos. 2 to 4 are described in the plaint as the trustees of a "Dharmam" or charitable trust, the trust itself being the 1 defendant. The claim is made against the defendants Nos. 2 to 4, as trustees, and alternatively in their private capacity. The plaintiff asks for payment of the amount claimed from the 1 defendant, i.e., apparently out of the trust property, and alternatively by defendants Nos. 3 to 4 personally. The 2nd defendant pleads that the trust funds are in the possession of defendants Nos. 3 and 4 and that they are liable. He denies his personal liability. The 3 defendant pleads, inter alia, that he and defendants 2 and 4 are not the trustees of the "Dharmam." and that the properties of the "Dharmam" are managed by the entire body of the caste of which defendants Nos. 2 to 4 are members. The 4 defendant pleads, inter alia, that defendants Nos. 2 to 4 are not the sole trustees and that the trust property is managed by the whole caste.