Judgment

C. Nagappan, J.

1. This appeal is preferred against the judgment and decree dated 13.12.2000 passed by the High Court of Judicature at Madras in Letters Patent Appeal No.183 of 1994, wherein the Division Bench held that the first object of the three charities mentioned in the Will, is of private Trust and the rest are of public Trust and therefore, the respondent no.1 and 2 therein, have power under Section 64 of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959, to frame a scheme, in so far as, the public Trust is concerned.

2. Briefly the facts are summarized as follows : One Sundararaja Naidu had no male issues, except two daughters and his brother’s son is Kondasamy Naidu and he executed a registered Will dated 7.12.1949 bequeathing properties mentioned in Item nos.1, 2 and 3 absolutely in favour of them and directed Kondasamy Naidu to be in possession of Item no.4 and perform the charities mentioned in the Will from out of the income of the said properties and prohibited the alienation of the said item of land. Later Kondasamy Naidu alienated a portion of land in Item no.4 in the Will and claimed to have purchased some other properties from out of the sal