LORD SINHA, SIR JOHN WALLIS, LORD SALVESEN, LORD BLANESBURGH
KALYANASUNDARAM PILLAI – Appellant
Versus
KARUPPA MOOPPANAR PLAINTIFFS – Respondent
Judgement
Consolidated Appeal (No. 144 of 1924) from two decrees (November 13, 1922) of the High Court in Letters Patent Appeals, affirming two decrees (November 22, 1920) of that Court, which affirmed two decrees of the District Judge of Tanjore, which modified two decrees of the Subordinate Judge of Kumbakonam.
The appeal arose out of two suits against the appellant, each brought with the sanction of the Advocate-General in the Court of the Subordinate Judge. In the first suit respondents 1, 2 and 3 sued as trustees of a temple; they prayed for a declaration that certain properties were trust properties, for removal of the defendant-appellant from being a trustee, and for other relief. The other suit was brought by persons interested in a feeding charity.
The trust in favour of the temple and providing for the feeding charity were contained in a deed of gift executed on September 9, 1891, by a Hindu named Vaithilingam Pillai. He had thereby transferred to trustees a portion of his immovable property, being the property in suit; the deed was delivered to the trustees on the same day. On September 10, 1891, the donor duly adopted the appellant. On September 12, 1891, a partition de
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