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4. The first plaintiff/first respondent herein was the General Secretary of Y.M.C.A, a registered Trust under the Societies Registration Act, while the second plaintiff/second respondent herein was a Trustee. YMCA has been rendering yeomen services in and around Chennai. YMCA is managed by Board of Directors, while its properties are managed by the Board of Trustees which has landed property comprised of 19 acres situated at 4/341 Old Mahabalipuram Road, Kottivakkam, Chennai which is described in the scheduled to the property. Pursuant to the proposal to develop an extent of 10 acres, out of 19 acres, it desired to enter into joint development agreement with M/s. Crystal creations India Private Limited. The developer also gave consent to invest its own fund for development of the property. YMCA does not have resources nor liquidity to develop the property. On perusal of the offers from different companies, M/s. Crystal Creations Private Limited was selected for the said purpose. The Board of Directors and Board of Trustees decided to accept the said offer on 03.09.2003 and 15.9.2003 respectively. The said 10 acres were agreed to be developed in the ratio of 47:53. The YMCA was to retain 47% while 53% being leased to the developer. A lease deed has to be executed for 5.24 acres out of the total extent of 10 acres for a period of 99 years in favour of the developer. The developer would pay a sum of Rs.2 lakhs per annum as lease rental for a period of 33 years and thereafter, the increased rent, 10% over and above the last amount lease rent paid. On the expiry of the period of 99 years, the ownership of the building would revert to YMCA. Under such circumstances, permission is sought for under Section 92(1)(f) of the Code of Civil Procedure.

9. Advancing the arguments on behalf of the appellants, the learned Senior counsel Mr.R.Thiagarajan would submit that the learned trial Court should have dismissed the suit seeking permission under section 92 of CPC. The developer M/s. Crystal Creation Private Limited was impleaded as a defendant in the suit. The rights of the parties under the agreement cannot be decided under Section 92 of CPC. The application to revoke the leave was made in the year 2003 and the same was pending. Without deciding the application, the defendant M/s. Crystal Creation Private Limited was impleaded as defendant in the suit in the year 2008 which was also beyond the scope of Section 92 CPC. The appellants are the full members of the Madras YMCA. Hence, they had interest to protect and preserve the properties of the Institution.

10. Added further learned counsel the dismissal of the application for impleadment by the appellants was erroneous. Had they been impleaded as a party, they would have established that the averments and the documents filed by the plaintiffs were incorrect and the proposed joint venture was adverse to the interest of the Trust. The suit was filed by Mr.J.Ebinesan as General Secretary and by J.S.Jayakardoss as the President of the Madras YMCA without adding the other Trustee either as plaintiffs or defendants. It is true the Trust was impleaded as the defendant but was six years after the institution of the suit. The Directors who were constructive trustees were not impleaded. The Trust has no legal entity but the trustees are legal entities. In the absence of a clause in the Deed, all the Trustees should be parties to deal either as plaintiffs or defendants. It was contended before the trial Court that the plaintiffs had no authorisation as required from the Board of Directors was unsustainable. As per the bye laws the Board of Directors were supreme body and only if the Board passes resolution, the Trustees could act. At the time when the suit was filed no one was shown as defendant and they were impleaded after six years of the institution of the suit, that too, only after serious objections raised by four Directors and five full members.

15. Advancing the arguments on behalf of the respondents Mr.R.Krishnamoorthy, the learned senior counsel, would submit that YMCA is a registered Association registered under the Societies Registration Act. The management of YMCA is vested with the Board of Directors but the properties is vested with YMCA Madras Trust. The Board of Directors comprises of 21 Directors, one third of whom are elected annually at the Annual General Meeting. The term of office of a Director is for a period of 3 years. This case was filed for the purpose of getting permission to enter into a Memorandum of Understanding in respect of the annexure as found in Annexure 'D' for the purpose of joint development and construction of the building. It can executed lease deed in favour of the Developers in respect of 53/100th share of the trust property for the term not exceeding 99 years.