KAMARUSU KASI VISWANADHAN Vs. RUDRA VIRANNA
LAWS(MAD)-1952-7-41
HIGH COURT OF MADRAS
Decided on July 08,1952

Kamarusu Kasi Viswanadhan Appellant
VERSUS
Rudra Viranna Respondents

JUDGEMENT

CHANDRA REDDI, J. - (1.) THE plaintiffs are the appellants. They filed the suit out of which this second appeal arises on behalf of all persons interested in a fund said to be a common fund of the village for directing the defendant to render an account of the amounts entrusted to him. The allegations, material for the purpose of this enquiry, are as follows :
(2.) THE plaintiffs and defendant are residents of the village named Duvva. It has been the practice in the village to have a common fund of the village for the use and convenience of the villagers and to keep the same in the custody of somebody in the village selected by a majority of the villagers assembled and to use the fund for such purpose as might be determined by the majority. All the villagers have equal rights to the said common village fund. All the villagers have got a right to demand in what manner and to what extent the said amount is being utilised. The person in charge of the fund is bound to render an account for the use made of it. Again in paragraph 5, it is alleged that this fund was kept with the defendant for the common purpose of the community.
(3.) ONE of the defences to the suit was that Section 92, Civil P. C, was a bar. The courts below dismissed the suit upholding this defence as the procedure prescribed in Section 92, Civil P.C. has not been followed. The plaintiffs who are aggrieved by this decision have preferred this second appeal.;


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