Ramaswami, J. - (1.) This appeal is brought on behalf of the plaintiffs, by special leave, against the judgment of the Madras High Court dated April 4, 1961 in Appeal No. 99 of 1957.
(2.) In the suit which is the subject-matter of this appeal, the plaintiffs prayed for the settlement of a scheme in respect of a Trust known as Sina Ravanna Mana Pana Sona Guru Puja Mutt at Pillamangalam Alagapuri, Tiruchnapalli District and for an account of the management of the Trust by the late N. S. Chokalingam Chettair and for certain incidental reliefs. The case of the plaintiffs was that the Trust was a joint foundation made on November 12, 1919 by Sinnakaruppan Chettiar, father of plaintiffs 1 and 2 and grand-father of plaintiff 3, Raman Chettiar, father of plaintiff No. 4 Subramaniam Chettiar plaintiff No. 5, Perianan Chettiar, father of defendant No. 3 and Chokalingam Chettiar, father of defendant No. 1 and grandfather of defendant No. 2. It was said that the Trust was founded for conducting puja to God Vinayagar installed in the Mutt, by an Oduvar, to do special pujas for the Samayarcharyars, viz., Appah, Sundarar, Sambhandar and Manickavachakar and ordinary pujas to the other 63 Nayanmars on their birth days; to conduct a Thevaram Patasala, and feeding the pupils. It was alleged that at the time of the foundation Chockalingam Chettiar contributed Rs. 25,000/-, Sinnakaruppan Chettiar, Raman Chettiar Subramaniam Chettiar and Perianan Chettiar contributing Rs. 6,250/- each. Hundies were passed by the four contributors for Rupees 6,250 each in favour of the first defendant's father on November 12, 1919 and they were cashed in due course. It was alleged that the joint-founders had at the time of foundation appointed Chockalingam Chettiar who was the largest contributor as the manager and executive Trustee and the latter had constructed buildings for the Mutt and bought lands in Manakkarai village, Mannargudi taluk. On November 27, 1943 Chockalingam Chettiar nominated defendant No. 2, his grand-son as the executive Trustee. It was alleged by the plaintiffs that defendant No. 2 had stopped the pujas to the Nayanmars and Samayacharyas and had discontinued the Thevaram school and the feeding of the boys. Several other acts of mismanagement were alleged in the plaint. The suit was mainly contested by the second defendant who alleged that the sole founder of the Mutt was the late N. S. Chockalingam Chettiar, his grandfather, who at first installed the Vinayakar image and also the 63 Nayanmars and established the pujas for the four Samayacharyars and the Nayanmars. He was also the sole trustee and was in exclusive management from the foundation of the trust till November 29, 1943 when by a registered instrument he appointed the second defendant and his descendants as hereditary trustees. It was denied that the plaintiffs were joint founders though they had made contributions for the management of the Mutt. It was said that from the very date of contribution the plaintiffs never bargained for any rights as trustees but they accepted N. S. Chockalingam Chettiar as the sole trustee. The charge of mismanagement was totally denied by the defendants and it was said that the trust was being maintained and conducted on a much grander scale than during the trusteeship of senior Chockalingam. It was asserted that the daily puja to the Vinayakar and the ordinary and special pujas to the Nayanmars and the Samayacharyars were all performed with scrupulous regularity. The suit was dismissed by the Subordinate Judge of Pudukkotai by his judgment dated January 31, 1957. The finding of the Subordinate Judge was that the sole founder of the trust was the senior Chockalingam Chettiar who conducted it with the aid of moneys contributed by himself and other persons and that at the time of the foundation the other four contributors did not reserve for themselves any right in the trusteeship of the Mutt. It was also found by the Subordinate Judge that the charges of mismanagement were unfounded and no case was made out on behalf of the plaintiff for framing a scheme. The judgment of the Subordinate Judge was affirmed by the High Court in Appeal No. 99 of 1957 by its judgment dated April 4, 1961. The High Court substantially agreed with the finding of the Subordinate Judge. It was held by the High Court that the evidence made it quite clear that the contributors agreed to leave the management of the trust solely in charge of the senior Chockalingam. The High Court also agreed with the Subordinate Judge that the plaintiffs had failed to establish that all the contributories were joint founders and that they were entitled to turns of management in Proportion of their contributions. The only matter on which the High Court expressed its disagreement with the Subordinate Judge was with regard to the date of the foundation of the trust. The High Court expressed the view that the trust was founded in 1919 but the Subordinate Judge found that the trust had been founded much earlier though it took a definite shape in the year 1919. As regards the charge of mismanagement, High Court agreed with the Subordinate Judge and held that none of the charges had been established and accordingly there were no grounds made out for the framing of a scheme or the removal of the second defendant from the management of the trust.
(3.) The first question to be considered in this appeal is whether the appellants are right in their contention that they were joint founders of the trust along with the senior Chockalingam. It was contended on their behalf that Exs. A-1 and A-3 described the contributions of the sum of Rs. 6,250/- as having been made towards l/8th 'Pangu' or share. Reference was also made to Ex. A-5, ledger account of the Mutt in which the contribution is described as the share capital. It was pointed out by Mr. N. C. Chatterjee that the vilasam of the trust S. R. M. P. A. S.; supports the claim of the appellants that they were joint founders. The High Court has, however, rightly pointed out that these two circumstances are not decisive. There is on the contrary an admission on behalf of the first plaintiff that the contributories were not treated as founders. In the course of his evidence the 5th plaintiff as P. W. 1 stated as follows: "As Chockalingam Chettiar held the largest number of shares the other four requested him to administer the suit trust, maintain accounts and render accounts to the four other sharers on demand ........... All the five pangudars were present when the decision to found the charity was arrived at. We decided that seinor Chokalingam should manage the charity to be founded. None of us demanded that the pangudars should administer the trust by rotation. None of us suggested that the terms of the endowment should be reduced to writing. We wanted senior Chokalingam to consult us with reference to important matters pertaining to the administration. We did not define the nature of the matters with reference to which we should be consulted. ********** Since the inception of the trust no meeting of the five pangudars was ever held. Nor were minutes of such proceedings kept. Chockalingam used to have informal consultations with us. At no time between 1919 and 1945 the year of senior Chockalingam's death, did we ever call upon him to show us his accounts. Nor did he show us his accounts. We never asked him to what the total income from the lands and buildings was. I do not remember the particulars of information which senior Chockalingam gave us." The conduct of the parties subsequent to the foundation of the trust is also not consistent with the claim now put forward on behalf of the appellants. Senior Chockalingam acquired considerable properties between 1919 and 1945 on behalf of the trust. Exhibit B-2, dated June 23, 1920, Ex. B-3, dated January 27, 1927, Ex. B-5, dated June 18, 1931, Ex. B-6, dated June 22, 1931, Ex. B-7, dated January 4, 1934, Ex. B-8, Dated March 2, 1934, Ex. B-9 dated September 30, 1934, Ex. B-10 dated September 30, 1934, Ex. B-11 dated June 6, 1936 and Ex. B-12 dated April 5, 1937 are all sale deeds solely in the name of the senior Chockalingam. The mutt building had always stood in the name of the senior Chockalingam in the register of Alagapuri Panchayat Union. The oral evidence adduced on behalf of the respondents which has been accepted both by the Subordinate Judge and by the High Court also shows that there was a total non-interference on the part of the plaintiffs in the management of Chockalingam till he appointed the 2nd defendant as his succeeding trustee under Exhibit B-1 and there was a total non-interference also with the management of the second defendant after that date. PW 1 also admitted in his evidence that the second defendant was appointed as the successor of senior Chockalingam and at the time of the appointment all the plaintiffs and defendant No. 3 agreed that defendant No. 2 should be so appointed as the sole managing trustee. If the plaintiffs had any right to manage the trust by turns, as they now claim it is not likely that they would have agreed to the second defendant being appointed as the sole trustee in place of senior Chockalingam. In our opinion, the High Court was right in reaching the finding that the plaintiffs have failed to establish that they were the joint founders of the trust or that they were entitled in turns to management in proportion to their contributions.;