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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.