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TMI Blog1950 (2) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... laration that the defendants were the trustees of a trust known as Mecca Mathinya Imthath Fund, for a true and proper account of the funds collected by the defendants, for a direction to the defendants to forward the funds collected by them to their proper destination and for the appointment of a receiver. It is well settled that to determine whether a suit falls within Rule 92, Civil P. C., we have to look at the plaint and the allegations therein and not to the written statement. The plaint clearly proceeds on the footing that the defendants are trustees though the plaintiffs allege that the defendants had committed breach of trust. Because the defendants were repudiating the obligations on their part, the plaintiffs also wanted a declara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore them was not brought for any of the purposes enunciated in Section 539, nor was it instituted for the granting of any such further or other reliefs as mentioned towards the end of that section. The learned Judges, therefore, held that the suit was maintainable without the sanction of the Advocate-General, Erelappa Mudaliar v. Balakrishniah : AIR1927Mad710 was concerned with a suit brought under Section 92, Civil P. C. All that the learned Judges decided there was that to a suit under Section 92, a person who sets up title adverse to the trust could also be impleaded as a defendant though a decree could not be passed against him to deliver possession of the property. We need not refer in any detail to the Full Bench decision in the Tiru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at in a suit under Section 92, Civil P. C., no declaration of title or decree for possession could be obtained against total strangers to the trust. But where the relief is claimed against even constructive trustees and trustees de son tort the suit would fall within Section 92. 3. It follows that the learned Subordinate Judge was right in holding that the suit was not maintainable without the sanction of the Advocate-General. 4. The objection was taken to an amendment of the decree in respect of the pleader's fee payable. The learned Judge in dismissing the suit with costs of the defendants (one set) fixed the pleader's fee at ₹ 200 to be divided equally between the two sets of defendants. The decree quite properly embo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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