Kuldip Singh, J. - (1.) Venkatarayulu Naidu Charities is a public trust.- V. P. Venkatakrishna Naidu and V. P. Rajagopala Naidu, filed an original suit No. 28 of 1909 (hereinafter called original suit) in the court of Subordinate Judge, Mayavaram under Section 92 of the Code of Civil Procedure praying inter alia that the defendant trustee be removed from the said office and a new trustee be appointed with directions to recover trust properties improperly and fraudulently alienated by the defendent. The subordinate court permitted the trustee to continue and framed a scheme-decree dated September 9, 19 10 for the future management and administration of the trust. Clauses 13. and 14 of the scheme are as under:"13. The trustee shall not effect any alterations or additions to the existing buildings except with the permission of the Tanjore Sub Court. " " 14. Liberty is given to the parties to apply to the Tanjore Sub Court for further directions if any from time to time as regards the administration of the trusts."
(2.) The question for consideration in this Appeal is whether "parties" mentioned in Clause 14 of the scheme-decree reproduced above mean only the named plaintiffs and defendant in the suit-title and their successors-in-interest or the suit being representative it includes all those who are interested in the trust.
(3.) Further necessary facts are as under: The trust owns several items of properties. We are concerned with the following two properties alone of the trust. 1. Property situate at Muthukumara Moopannaar Road. in T.S. No. 2936 to an extent of 11484 Sq. ft. 2. Property situate at ward No. 6 Gandhiji Road, in T.S. No. 2937 to an extent of 4429 Sq. ft.;