Document Fragment View

Matching Fragments

4. The brief facts as stated by the plaintiffs are that the property in the 2nd schedule of the plaint consisting of building absolutely belongs to the first https://www.mhc.tn.gov.in/judis plaintiff Trust. The plaintiff trust was created by three Congress Martyrs viz.,

1.Gomathi Sankara Diksthadar, 2.Marimuthu Konar, 3.K.N.Harihara Iyer. As founder Trustees they have executed a registered Deed of Trust dated 20.10.1954 in Document No.2499 of 1954. One of the founder Trustees namely Marimuthu Konar died in the year 1955 and another founder Trustee Gomathi Sankara Diksthadar died in the year 1971. Then surviving founder trustee K.N.Harihara Iyer appointed K.V.Subramanian son of Veeraputhira Moopanar and M.P.Swamy son of Pothikasala Thevar in the place of the deceased founder trustees by exercising the power granted under the Trust Deed for appointing trustees. While so, the said K.V.Subramanian and the founder Trustee K.N.Harihara Iyer resigned the Trusteeship on 02.10.1988 and 01.08.1991 respectively. The only remaining Trustee, M.P.Swamy appointed Sangamuthu Thevar and Ilayaperumal as Trustees in the place of the resigned Trustees K.V.Subramanian and K.N.Harihara Iyer and he has executed a “Deed of Trust” to that effect on 10.06.1992. While so, the said M.P.Swamy and Ilayaperumal died, then the only surviving Trustee Sangamuthu Thevar appointed S.Gopal (the 2nd plaintiff), Dr.Neelakanda Iyer, T.S.R. Venkatramana and Gomathinayagam as Trustees to the 1st plaintiff Trust and to that effect the said Sangamuthu Thevar executed a Deed dated 27.10.2014. The Trustees S.Gopal, K.Neelakandan, T.S.R.Venkatramana and Gomathinayagam have been managing the Trust and they were in possession and enjoyment of the https://www.mhc.tn.gov.in/judis 2nd schedule property in their capacity as Trustees to the 1st plaintiff Trust. The 2nd plaintiff as a Managing Trustee with the consultation of other Trustees executed a Deed dated 22.06.2015 and it makes it clear that the Trustees were the 2 nd plaintiff Gopal, Gamathinayagam, Venkatramana and Dr.Neelakandan. Subsequently, the 2nd plaintiff S.Gopal in his capacity as a Managing Trustee to the 1st plaintiff Trust in consultation with other Trustees appointed S.Valli daughter of Sangamuthu Thevar as one of the Trustees in addition to the existing Trustees as above mentioned by a deed dated 17.03.2017. Hence, the present Trustees of the first plaintiff Trust are as given below and their names are given in the 1st schedule to the plaint: