Case: Chairman Madappa Vs. M. N. Mahanthadevaru And Others

There is a muth in village Devanur. A suit was brought in 1942 under S. 92 of the Civil Procedure Code for framing a scheme for the management of the muth. A decree was passed on March 17,1948 by the High Court by which a scheme was settled and two persons were appointed as joint managers thereunder. In 1959 the two managers were the appellant Madappa who was the chairman and the respondent Mahanthadevaru. On May 12, 1959, respondent made an application to the Additional District Judge, Mysore in which he said that there were more than 100 heads of cattle, belonging to the muth. But the estimated income of the properties was barely sufficient to meet the cost of worship of the deity and that no funds were available to maintain the cattle. He also said that it was unnecessary and expensive to incur the feeding charges and pay for the staff needed to take care of the cattle. He therefore, prayed for an order for the sale of cattle as a measure of economy and practical utility. Further it appears that there were some lands belonging to the muth, which were being cultivated through servants. It was suggested in this application that the lands might be leased out for cultivation for one. Year by public auction for cash consideration in order to increase the income of the muth.2. On this application, notice was issued to the appellant. He objected that the application had been made without consulting him. He also objected to the sale of the cattle, his reason being that their upkeep did not involve any expenditure and that they were necessary for the supply of milk to the muth and also as the chief source of manure for the lands. He also added that it would be sacrilegious to sell them away. He further objected to the leasing out of the lands of the muth year by year on the ground that according to the existing practice, lands of the muth were being cultivated and the crops harvested by the people of the village and there was no expenditure to the muth in that behalf. It appears that thereafter there were consultations between the two mangers in order to meet the charge that the respondent had not consulted the appellant before making the application. But the two mangers were unable to agree.3. Thereupon the Additional District Judge heard both parties and by his order dated June 7, 1960, directed that keeping hundreds of cattle with no proper arrangements to look after them would result in great loss to the muth. He therefore, ordered that ten milch cows might be retained for the use of the muth for the purpose of milk and the remainder sold by public auction. As to cultivation of lands, the Additional District Judge was of the view that by the methods of carrying on cultivation with the co-operation of villagers the muth stood to lose. He, therefore, ordered that the right of cultivation of lands belonging to the muth be sold for cash from year to year.4. Thereupon the appellant went in revision to the High Court. Apart from challenging the correctness of the order made by the Additional District Judge, the appellant further confended that the Additional District Judge had no jurisdiction to make such an order in view of provisions of S. 92 (1), Cl. (f) of theCode of Civil Procedure. The High Court held in view of paragraphs (11) and (12) in the scheme that the Additional District Judge had jurisdiction to pass the order which he did. Further it refused to interfere with the discretion exercised by the Additional District Judge in the matter. The appellant then obtained special leave from this Court; and that is how the matter has come up before us.

Reasoning: We are of opinion that this contention on behalf of the respondent is correct. We cannot accept the contention on behalf of the appellant that these paragraphs merely provide for carrying out nitya poojas and vishesh poojas mentioned in the scheme and nothing else. The generality of the words used in these paragraphs clearly show that power was reserved in the scheme to get directions of the Court for the ordinary administration of the muth from time to time and that such directions could be sought amongst others by either of the co-managers. We are further of opinion that it cannot be disputed in the present case that the directions asked for by the respondent were in the nature of directions for the ordinary administration of the muth. It is obvious that in order to carry on the ordinary administration of an institution like the present, the managers have the power to dispose of movable property and to deal with lands in such manner as to maximise the income of the muth. Therefore, when the respondent asked for directions of the Court in the interest of economy and practical utility for the sale of cattle and for selling the right of cultivation of lands from year to year on payment of cash, he was only asking for directions in connection with the ordinary administration of the muth, and the Court would have power under these paragraphs of the scheme to give such directions as it thought necessary for thatreliefs to be sought in a suit under S. 92 (1) are indicated in that section and include removal of any trustee, appointment of a new trustee, vesting of any property in a trustee, directing a removed trustee or person who has ceased to be a trustee to deliver possession of trust property in his possession to the person entitled to the possession of such property, directing accounts and enquiries, declaring what proportion of the trust-property or of the interest therein shall be allocated to any particular object of the trust, authorisation of the whole or any part of the trust-property to be let, sold, mortgaged or exchanged, or settlement of a scheme. The nature of these reliefs will show that a suit under S. 92 may be filed when there is a breach of trust or when the administration of the trust generally requires improvement. One of the reliefs which can be sought in such a suit is to obtain the authority of the Court for letting, selling, mortgaging or exchanging the whole or any part of the property of the trust, as provided in Cl. (f) of the reliefs.11. We are, however, of opinion that prayer for such a relief though permissible in a suit under S. 92 does not in any way circumscribe or take away from trustees or managers of public trusts the right of ordinary administration of trust-property which would include letting, selling, mortgaging or exchanging such property for the benefit of the trust. We cannot infer from the presence of such a relief being provided in a suit under S. 92 (1) that the right of trustees or managers of the trust to carry on the ordinary administration of trust-property is in any way affected thereby. If this were so, it would make administration of trust property by trustees or managers next toare dealing with a case where the prayer is made by one trustee an the order passed thereon relates to matters which are incidental to acts of management of the trust-property and we have no doubt that Cl. (f) in S. 92 (1) cannot be read in such a way as to hamper the ordinary administration of trust-properties by trustees or managers thereof; and if that is so, there can be no invalidity in a provision in the scheme which directs the trustees or managers or, even one out of two co-managers when they cannot agree to obtain directions of the Court with respect to the disposal or alienation of the property belonging to the trust. We are, therefore, of opinion that Cl. (f) does not apply to the circumstances of this case and no suit under S. 92 was necessary in consequence. The Additional District Judge had jurisdiction to give directions which he did under paras. 11. and (12) of the scheme, as these directions are of the nature of ordinary administration of trust-property and do not fall within Cl. (f) in S. 92 (1) of theCode of Civil Procedure.