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1971 Supreme(Ker) 167

P.SUBRAMONIAN POTI
KAMALAKSHI – Appellant
Versus
BAHULAYAN – Respondent


Judgment :-

1. Both these second appeals arise from the same suit. The suit is one for declaration that the Ollal Devaswom, the properties of which are scheduled to the plaint, is a private trust of the joint family of plaintiffs and defendants 1 to 11, for removal of the first defendant from the management of the Devaswom, for recovery of the assets and properties of the Devaswom in his hands and for settling a scheme with regard to the management of the Devaswom. A preliminary decree was passed declaring that the plaint Devaswom was a private family (rust, removing the first defendant from management and directing recovery of possession of properties and funds in the possession of the first defendant, vesting the management in the second defendant and directing the preparation of a scheme for the effective administration of the plaint Devaswom. Pursuant to this preliminary decree, the court posted the matter for settling the scheme. When the plaintiffs put in a draft scheme, and none else did so, the scheme proposed by the plaintiffs was accepted on the ground that there was no objection filed by any party to the scheme though it was posted for such objection. S. A. No. 1229 of 1











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