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1990 Supreme(Kar) 412

N.VENKATACHALA
M. S. MALLIAH – Appellant
Versus
GOWRAMMA – Respondent


Advocates:
C.G.Gopalaswamy, Davanam V.Satyanarayan

MURLIDHER RAO, J.

( 1 ) UNSUCCESSFUL plaintiffs are the appellants. Claiming to be the members of the sadar community (sadhu matha) they instituted the suit in a representative capacity and under Section 92, CPC after obtaining the consent of the Advocate general. They alleged that property bearing door No. 270, old tharagupeth (godown) in Bangalore city, belongs to a public trust having been created by the award of the arbitrator, on 17th january, 1898. (this is the date on which certain disputes, hereafter narrated, were referred to arbitrator and the award is actually passed on 7th february, 1898 ). They also alleged that the terms of the award have been accepted and they have been acted upon. Their further plea was it was a perpetual endowment and its object was "anna daana" (free feeding), which was a public purpose of a charitable and religious nature. By the said award, which was registered, javaraya lingappa, mandi hariyappa and kalappa were appointed as trustees. All the three trustees have expired. The last one to die was kalappa who expired on 5-11-1967. It was alleged that he had purported to transfer the property to "sadhu mathada sangha", society registered under the


























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