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2008 Supreme(Ker) 58

K.PADMANABHAN NAIR
Karumakankavu Devaswom Kshethram Trust – Appellant
Versus
Venkitachalil Damodaran Nair – Respondent


Advocates Appeared:For the Petitioners:Govind K. Bharathan, Advocate. For the Respondents:Anil Sivaraman, Advocate.

Judgment :

These two appeals arise from O.S. No. 4 of 1983 on the file of the Sub Court, Tirur. A.S. No.549 of 1991 is filed by the plaintiffs in the suit. A.S. No.557 of 1991 is filed by defendants 2 and 5 in the suit.

Second defendant died subsequently and her legal representatives were impleaded.

2. Facts necessary for the disposal of the appeals are as follows: Plaintiffs, Trust Board Members of Karumankavu Devaswom Temple, had filed the suit for recovery of the suit properties on the following averments. Suit properties originally belonged to one Mongandampulath Tharawad. The Tharawad properties were partitioned as per document No.1347 of 1957. The suit properties were set apart to the Temple and included in A schedule item No.805. In the document it was provided that the seniormost male member of the family shall be Hereditary Trustee of the Temple. He was authorised to be in possession and management of the properties and he was directed to spent money for the affairs of the Temple. There was a specific provision in the deed prohibiting the Hereditary Trustee from alienating the properties of the Temple or handing over possession of the same to anybody so as to reduce the inc
















































































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