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1995 Supreme(Ker) 286

K.G.BALAKRISHNAN, B.N.PATNAIK
Natarajan – Appellant
Versus
Sree. Narayana D. S. Trust – Respondent


Judgment :-

Patnaik, J.

Defendants are the appellants. The appeal arises out of a suit for recovery of possession of plaint schedule properties from the defendants and for a decree for past and future mesne profits at the fate of Rs. 7,750/-per annum.

2. Plaintiff's case, briefly stated, is as follows: Plaintiff is a religious and charitable society situated at Varkala, Trivandrum District. It is a public trust formed with the object of disseminating and propagating the teachings and principles of Sree Narayana Guru, to hold, administer and develop mutts, temples and other religious educational, cultural and charitable institutions. The father of the defendants, late Sri S. Padmanabhan of Pandikkariyil, Vayalar East Village, Sherthallai Taluk was an ardent follower of late Sree Narayana Guru. He owned vast extent of properties in Sherthallai Taluk The plaint schedule properties belonged to him. In consideration of his reverence for the Guru, he executed a will and got it registered as No. 17/68 at the Sub Registrar's office on 18-12-1968. He signed the will in the presence of the witnesses, who also signed in his presence. He had full and complete testamentary capacity at the time of
















































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