SAMANTHAN KARAKKATTIDATHIL UNNAMMAN NAYANAR Vs. THEYAKKANDI EDATHIL KUNHIRAMAN NAMBIAR

JUDGEMENT

(1.) The suit properties belong to Pulimpidavu Devaswom of which the plaintiff and the 1st defendant are the hereditary trustees. The 1st defendant's tarwad having been in management of the Devaswom in 1042 M. E. leased the suit properties to Thavarool Puthiyedath tarwad on rent of 1750 seers of paddy per annum. In O. S. No. 297 of 1923 the tenants' rights were brought to sale and purchased by one Othenan Nambiar, who assigned the same to the plaintiff's tarwad. Treating the plaintiff as the lessee of the property under him the 1st defendant obtained decrees for rent in O. S. Nos. 307 of 1951, 312 of 1954, 992 of 1955 and 266 of 1956 and had realised the amounts under the first two decrees. The latter two decrees remain to be executed. In the present suit the plaintiff seeks declaration that he is now the managing trustee of the Devaswom entitled to collect the rent of the suit properties and that the 1st defendant has no 'saswatham' right in the properties as claimed by him, to restrain the 1st defendant from executing the decrees any further, and to realise from him the rent of the Devaswom properties collected by him and not been spent for the Devaswom.

(2.) The finding of the court below that the plaintiff and the 1st defendant are the present hereditary trustees of the Devaswom is not challenged before me by either side.

(3.) The trustee of a Devaswom, like any other trustee, shall not use or deal with the trust property for his private advantage.