Judgment :- The Order of the Court was as follows : Application No. 3363 of 1991 in T. O. S. No. 3 of 1874 was filed by the very same petitioners in Application No. 5395 of 1991 to direct the respondents to enhance the maintenance and pension payable to each applicants family from Rs. 60 / - to Rs. 2000 / per month and direct the respondents to pay accordingly. This application was filed in this Court on 5th July, 1991. The respondents filed a counter-affidavit raising a preliminary objection stating that no proceedings are pending in T. O. S. No. 3 of 1874 and as such no application would lie in the said T. O. S. On 15-4-1875, the said T. O. S. No. 3 of 1874 was dismissed according to them. Later, the applicants in Application No. 3363 of 1991 have filed the present application No. 5395 of 1991 in T. O. S. No. 5 of 1974 for the very same relief requesting the respondents to enhance the maintenance and pension payable to each of the applicants family from Rs. 60/- to Rs. 2000/ - per month and to direct them to pay accordingly. The above application is filed by 16 persons who are the descendants of late P. T. Lee Chengalvaroya Naicker. The 13th applicant L. V. L. Madhavan is the Secretary of P. T. Lee Chengalvaroya Niacker Estate Welfare Society in which all the pensioners of the said Estate are the members including the 16 applicants herein. 2. Late P. T. Lee Chengalvaroya Naicker is a Philanthropist and owned substantial properties in the city of Madras and in Chingleput District. He executed a Will dated 4-10-1870 bequeathing all his properties. In and by the said Will he had provided for certain public charities and also for payment of pension by way of maintenance to his family members and their children. The properties bequeathed under the Will are his self acquired properties. The founder appointed the Trustees who are administering the charities called Shri Pachiyappa Mudaliar Trust to be the trustees of the Trust created by him under the Will. The properties bequeathed under the Will are his self acquired properties. The founder appointed the Trustees who are administering the charities called Shri Pachiyappa Mudaliar Trust to be the trustees of the Trust created by him under the Will. The P. T. Lee Chengalvaroya Naicker Trust, hereinafter referred to as the Trust was managed by the Board of Trustees of the Pachaiyappa's Trust till December, 1980 when the Government of Tamil Nadu by way of Ordinance took over and its Charities and removing the board of Trustees. Even though under Tamil Nadu Act, 11 of 1981 (which replaced the Ordinance) only the Pachaiyappa's Trust and its charities were alone taken over, the Government by the subsequent amendment of the Act in 1987 (i. e. Tamil Nadu Act 56 of 1987) took over the management of all other trust and endowments under the control of the management of Pachaiyappa's Trust. In the above circumstances the first respondent came to be in management of the Trust properties. In the suit filed by the descendants and persons interested in the Trust in C. S. No. 242 of 1986 in this Court for framing a scheme, the Hon'ble Supreme Court appointed a committee of B members including the committee appointed under the Act to be in management of the Trust till the disposal of the suit. Accordingly, the respondents herein are in management of the Trust in question. In the above Will, the abovementioned P. T. Lee Chengalvaroya Naicker had provided for payment of pension, family maintenance to his descendants i. e. his family members and their children. It is seen from the recitals in the Will that apart from bequeathing some properties to his brothers and their family members he has also provided for pension to his brothers and their descendants. Paragraphs 6 to 11 of the Will (printed Will) deal with the above matters. I hereby extract below the relevant provisions made in the Will of late P. T. Lee Chengalvaroya Naicker : (a) Recital relating to Varadaraja Naicker son of Mohana Rangiah Naicker, brother P. T. Lee Chengalvaroya Naicker. As the funeral ceremonies of myself and my wife have to be performed by the aforesaid Varadarajao Naicker and his descendants, on that account, the sum of fifty rupees per month should be paid to the aforesaid person and to his descendants. As the funeral ceremonies of myself and my wife have to be performed by the aforesaid Varadarajao Naicker and his descendants, on that account, the sum of fifty rupees per month should be paid to the aforesaid person and to his descendants. Besides this, the sum of thirty five rupees per month should be paid to the aforesaid Varadarajoo Naicker and to his descendants for their food expenses. .......Only these three sums, namely Rupees fifteen, which is the salary fixed fur the aforesaid Varadarajoo Naicker on account of the affairs of the services, rupees fifty fixed on account of my funeral ceremonies and on account of my wife's funeral ceremonies and Rupees thirty five fixed for his food expenses shall be paid to his descendants. ..... Should the aforesaid Varadaraju Naicker have female descendants without male descendants and should his wife also be alive and should they conduct themselves properly and not conduct themselves in a manner derogatory to the honour of the family, then with regard to the sum of rupees thirty five fixed for their food expenses, the same should be divided and paid to them according to the wishes of the trustees up to the time the girls come of age and as long as the wife may be alive. ..The sum of fifty rupees per month is to be paid to the aforesaid Vararajulu Naicker and to his descendants on account of their performing my funeral ceremonies and my wife's funeral ceremonies and the payment is to be made in order that they may perform the annual ceremonies of myself and of my wife according to their wishes. (b) Recital relating to provision made to Somiah Naicker, the brother of late P. T. Lee Chengalvaroya Naicker (in paragraph 7 of the Will). ..Besides the sum of Thirty five rupees per month should be paid for his food expense. After his death should his male descendants be alive then the amount paid to the aforesaid person should be paid to them should there be female descendants of his without male descendants and should his wife also be alive then regard being had to the property which may be left to them by the aforesaid Somiah Naicker, should the same be insufficient for them you should consider and pay what may be proper for their maintenance. (c) Provision made to Madurai Naicker, younger brother of P. T. Lee Chengalvaroya Naicker. The sum of thirty five rupees per month should be paid to the aforesaid Mudurai Naicker for his food expenses. Should his male descendants be alive after his death then payment should be continued to be made in the same way should female descendants be alive, without male descendants, and should his wife also be alive, then, regard being had to the property which may be left to them by the aforesaid Mudurai Naicker should the same be insufficient, you should consider and pay what may be proper for their maintenance. (d) Provision made to Krishnaswamy Naicker, younger aunt's son of P. T. Lee Chengalvaroya Naicker in paragraph 9 of the Will. The sum of thirty five rupees per month should be paid for the support and maintenance of these three persons should be the aforesaid Krishnaswamy Naicker's mother Meenakshee Ammal be unwilling to live with them then the sum of ten rupees per month should be paid to that lady, and the remaining rupees twenty five should be paid to Krishnaswamy Naicker and to his wife. After the death of Krishnaswamy Naicker, should his male descendants be alive the sum of twenty five rupees should be caused to be paid to them. (e) Provision made to Arunachala Naicker's (elder brother of P. T. Lee Chengalvaroya Naicker sons Vijayaraghavalu and Sreenivasalu and their mother Kanakammal (in paragraph 10 of the Will). The sum of thirty five rupees per month should be paid to these three persons namely my elder brother Arunachala Naicker's sons Vijaraghavalu and Sreenivasalu and their mother Kanakammal for their food expenses. Should these brothers divide (from each other) and should their mother Kanakammal also separate herself, then, at that time the sum of seven rupees out of the sum of thirty five rupees fixed for the aforesaid persons should be paid monthly to Kanakammal the mother of the aforesaid persons for the support and maintenance of that lady, and the remaining rupees should be divided and paid to these two persons. .. While the aforesaid Arunachala Naicker was alive, I promised to give the sum of two thousand and five hundred rupees as a present to him for the support of his family. .. While the aforesaid Arunachala Naicker was alive, I promised to give the sum of two thousand and five hundred rupees as a present to him for the support of his family. It is on account of those rupees that it is arranged that the pension of thirty five rupees per month should be paid to the sons and to the widow of the aforesaid persons, for their support and maintenance. .. The direction to pay a pension to the abovesaid my brothers and to their male descendants is applicable to these persons and to those begotten by them. Only so. But it should not at all be given to adopted sons and concubine's sons... .. Should the abovesaid my brother's sons or any of their descendants study well and pass examinations then presents should be given in this manner, that is to say, two hundred rupees to the person that obtains the degree of F. A., Five hundred rupees to the person that obtains the degree of B. A. One thousand rupees to the person that obtains the degree of B. A., and B. L., and one thousand rupees to the person that obtains the degree of M. A. Should the persons that obtain these degrees wish to hold high appointments and should expense be occasioned on that account then trustees should if they think proper render assistance to the extent of about five thousand rupees and get the same back from his income by such means as may be proper and add the same to my general fund." Apart from the above provisions, he has also made provisions for providing help for the boys and girls of his brothers at the time of their marriage. It is seen from the above recitals that the testator had made specific provisions for the maintenance to his brothers' families and their descendants. The applicants who are admittedly the descendants of late P. T. Lee Chengalvaroya Naicker have been paid the pension regularly at the rates of Rs. 10/ -, Rs. 12 / -, Rs. 5 / -, Rs. 3 / - and Rs. 2/- respectively till 1-10-1990 per month. The applicants had represented to the Committee of Management and to the second respondent herein to increase the pension as the amount paid was based on the amount fixed as per the Will of 1870. 10/ -, Rs. 12 / -, Rs. 5 / -, Rs. 3 / - and Rs. 2/- respectively till 1-10-1990 per month. The applicants had represented to the Committee of Management and to the second respondent herein to increase the pension as the amount paid was based on the amount fixed as per the Will of 1870. The Committee of Management even though felt that an increase in the pension is necessary, increased it to Rs. 60/ - per month only by way of an order vide proceeding No. C3/7792/90, dated 13-10-1990. Finding that the respondents herein have not taken the entire material facts, the applicants have filed the above application seeking enhancement of the pension from Rs. 60/ - to Rs. 2000/- per month. 3. In the affidavit filed in support of the above application in paragraphs 3 to 18 they have set out their present day financial condition and status and the need for enhancement of the pension. In paragraph 20 of the affidavit, the applicants herein pointed out that in the Will apart from providing for promotion of education and industrial education free medical assistance for the poor, orphanages and Asylums for poor aged, widows, blind and poor the testator also directed for payment of pension and family maintenance and educational allowance to the family members and relatives of P. T. Lee Chengalvaroya Naicker. They have also pointed out that the testator had provided for payment of a lump sum to those who acquired University degree / diploma from the family of the descendants and also for pursuing higher studies. It is further stated in the affidavit that the respondents herein after taking over the management of the trust, stopped payment of monthly maintenance allowances and pension to the testator's families and it is only after the institution of the suit C. S. No. 242 of 1986, the respondents herein decided to pay the maintenance allowance and pension to the family members. They have further pointed out in paragraph 22 of the affidavit that the trust is now getting income of more than 30 lakhs per year and after the order of injunction granted in C. S. No. 242 of 1986 restraining the respondents herein from diverting the funds, substantial amount has accumulated in the Trust and therefore the fixation of Rs. 60/- per month towards pension was too low. 60/- per month towards pension was too low. It is their further case that the testator had fixed the amount of pension in the year 1870 and the present members in the management ought to have taken into account the condition of the family members and the inflationary trend in the present day economy while fixing the pension. It is under those circumstances, the applicants have come forward with the above application for enhancement of pension. 4. I have heard the arguments of Mr. T. R. Rajagopalan, learned Counsel appearing for the petitioners and Mr. O. Radhakrishnan, learned counsel appearing for the respondents. Mr. O. Radhakrishnan has also filed a counter-affidavit and a supplementary counter-affidavit through S. Meenakshi Sundaram, the Secretary of the respondent-Committee. Except stating that the respondents herein do not admit any of the averments in paragraphs 3 to 18, they have not disputed the truth of the statement regarding the applicants' financial position and their family status in life. The respondents further stated that nothing prevents the applicants from again approaching the committee. However, they have not denied the facts relating to the income derived by the Trust and the accumulation of funds in their hands. They have also not denied the applicants' right to claim pension from the trust. In the supplemental counter-affidavit, the respondents have stated that the applicants herein are not entitled to enhancement of monthly pension in view of the following clause in the Will dated 4-10-1870. "Further after deducting from the income arising from my fund, what may be expended on account of the aforesaid School, should any money remain, that money should according to the wishes to you, the aforesaid trustees be given to children belonging to destitute families and to helpless women, who may have lost sons and husbands, who could support and maintain them. After deducing the aforesaid School expenses from the income that may arise from the aforesaid property with the amount that may remain from, the pensions should be given to the children and women belonging to destitute families out of respectable families. After deducing the aforesaid School expenses from the income that may arise from the aforesaid property with the amount that may remain from, the pensions should be given to the children and women belonging to destitute families out of respectable families. The aforesaid pensions should be given to such persons and until such time as you the aforesaid trustees may give the pensions to male children until the age of sixteen, should they prosecute their studies properly and to girls until the age of thirteen and stop the pension with regard to women after any kind of means of living may be acquired. The aforesaid trustees should ask the Government to give a grant in aid. In case of the pensioners, I have appointed listening to the words of ignorant persons refusing to receive the aforesaid pensions and saying that they would go to litigation and giving annoyance then in regard to such persons, the trustees may at their discretion either conduct the aforesaid pensions or stop them." 5. It is pointed out by the learned Counsel appearing for the applicants, Mr. T. R. Rajagopalan that the above clause is not applicable to the descendants of P. T. Lee Chengalvaroya Naicker. The reading of paragraph 2 of the Will discloses that the provision referred to in the counter-affidavit of the respondents is not referable to the provisions made for the descendants. The provisions pointed out by the respondents herein relates to children belonging to destitute families and to helpless women who may have lost sons and husbands who could support and maintain them. 6. Considering the arguments advanced by the respective counsel, I find that the testator late P. T. Lee Chengalvaroya Naicker had made elaborate provision for payment of pension and maintenance to his family members and their descendants. The trustees have not taken any steps to increase the pension in consonance with the present day situation. The applicants herein who are mostly poor and agricultural labourers are admittedly the descendants of P. T. Lee Chengalvaroya Naicker and they have been receiving meagre sum towards pension from the Trust represented by the respondent-Committee of Management and they are now seeking for enhancement of maintenance. The respondents had increased the pension to Rs. 60/- per month. The order enhancing the pension does not disclose any reason as to why, the enhancement was fixed at Rs. 60/ - p.m. only. The respondents had increased the pension to Rs. 60/- per month. The order enhancing the pension does not disclose any reason as to why, the enhancement was fixed at Rs. 60/ - p.m. only. Even in the counter-affidavit filed in this Court, the respondents have not given any reason for fixing the sum of Rs. 60/- per month towards pension nor pointed out any valid reason for not enhancing the amount payable to the applicants. In course of hearing I called upon Mr. O. Radhakrishnan, learned Counsel for the respondents to inform the committee to consider the further enhancement taking into account the facts points out in their affidavit for which Mr. O. Radhakrishnan informed the Court that the Committee at its meeting held on 24-1-1992 had decided that no enhancement is possible. 7. Considering the circumstances mentioned in their affidavit I am of the view that the applicants herein have made out a prima facie case for enhancement of the pension and maintenance. The testator had fixed the maintenance in the year 1870 when things were cheap and even a sum of Rs.10/- per month was more than sufficient to maintain a family. However, in the present day condition of spiralling prices of essential commodities and increased cost of living, education and medical expenses, the enhancement of Rs. 60/ - per month is very low. Admittedly the testator bequeathed substantial properties under the Will. The income of the Trust is also more than Rs. 30 lakhs per year. The respondents have not placed the profit and loss account and the balance sheet of the Trust in question nor informed the Court the correct funds standing to the credit of the Trust. 8. In the counter-affidavit, the respondents pointed out that they have proposed to build a commercial complex for which more than Rs. 2 crores are required. I am not able to understand as to how the said project can be undertaken without the permission of the Court. Further, when funds are available the respondent-Committee will have to specifically carry out the objects indicated in the Will of late P. T. Lee Chengalvaroya Naicker. In the counter-affidavit the respondents have not stated that the money available with the Trust is required for carrying out some of the objects indicated in the Will. In these circumstances, the statement of the respondents has got to be rejected as unsustainable. In the counter-affidavit the respondents have not stated that the money available with the Trust is required for carrying out some of the objects indicated in the Will. In these circumstances, the statement of the respondents has got to be rejected as unsustainable. Further the respondents herein have not specifically denied the averments made in the affidavit filed in support of the application with regard to the income of the Trust as well as the status of the applicants herein. Having regard to the present day financial condition of the Trust and its yearly income I feel that a sum of Rs. 750/- per month for payment of pension to each of the applicants, who are descendants of the testator is reasonable and justifiable. As pointed out earlier, the testator has provided not only for payment of maintenance but also indicated his mind that money should be paid to his descendants who get educational qualification and go for higher studies. Having regard to the above objections indicated in the Will, I feel that a sum of Rs. 750, / - (Rupees seven hundred and fifty only) will be reasonable for maintenance of the members of the family. I accordingly direct the respondents to pay the same from the date of the application. The amount paid as per the order of the respondent-Committee vide proceedings No. C3/7792/90, dated 13-10-1990 will be adjusted from the future payment. The parties shall bear their respective costs. In view of the orders passed in the above application, Application No. 3363 of 1991 in T. O. S. No. 3 of 1874 is dismissed. Order accordingly.