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"7. The plaintiff submits that to cover up the aforesaid mismanagement, the aforesaid Sri.A.Ramalingam conspired with other Trustees and a trust deed dated 13/6/2012 was got registered renaming the "People Charity Fund" as "People Charity Fund Trust", which is the 1st defendant herein. It is clear from the trust deed dated 13/6/2012 that power to sell or otherwise transfer property of the Trust is included as an object of the Trust, which is clearly contrary to the original objects of the Trust and which is contrary to the very basic concept of charitable trust apart from being illegal. The said trust deed is sought to be further amended under a supplemental trust deed dated 14/10/2016, which not being narrowed down the charitable objects of the Trust but provided for extending loans to Trustees, which is again an illegal object of the trust. That apart, this supplemental trust deed provided for new Rules governing management of the trust purportedly conferring powers to invest/ own and development of real estate. Hence all the aforesaid powers are clearly illegal and opposed to public policy.
8. The plaintiff submits that several immovable properties were dedicated to the 1st defendant Trust under a registered deed of transfer dated 10/12/1956. Subsequently, the 1st defendant has also acquired few other properties. All the aforesaid properties are the trust properties, which can be used only for achieving the charitable objects provided for under the probated Will under which the 1st defendant came into existence. However, the trustees of the 1st defendant trust have committed breach of trust and sold many of the said properties and all the sale proceeds were used for their personal use but they were never put to use for any charitable activities as required. Now the aforesaid Sri. A. Ramalingam is no more and the 2nd defendant herein is the sole Trustee of the 1st defendant Trust. The very fact that the 1st defendant Trust is sought to be managed by a single trustee makes it clear that the same is completely mismanaged and there is breach of trust. The 2nd defendant is a US Citizen and hence she is incapable and incompetent to act as a trustee of a public charitable trust in India including the 1st defendant trust.