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1977 Supreme(Mad) 461

V.BALASUBRAHMANYAN
Mariyam Bivi and others – Appellant
Versus
Natharsa Rowther Trust by Trustee, S. A. Mohamed Jaffar – Respondent


Advocates:
R. N. Kothandaraman and G. Parasuraman, for Appellants.
V. Ratnam, for Respondent.

Judgment.-These two second appeals raise a common question as to the validity of registration of a trust deed executed by one Natharsa Rowther on 26th June, 1920. The question arises this way. The founder’s son, Abdul Khader, succeeding as trustee, alienated the properties of the trust as though they were his own, not disclosing that they were inalienable trust properties. After Abdul Khader’s death, the grandson of the founder became trustee. Acting on behalf of the trust, he sued the alienees for a declaration and possession, contending that the alienations were void having been made in breach of trust. The alienees resisted the suits. One of the defences raised by them was that the trust itself was invalid since the deed of trust had not been validly registered. This contention, as well as others, were rejected by both the Courts below and the suits were decreed in favour of the trust as prayed for. The alienees have now come in further appeal before this Court.

2. Mr. R. N. Kothandaraman arguing for one of the alienees, the appellants, in S.A. No. 2460 of 1975, has repeated the contention that the registration of the original trust deed was invalid. His agrument contred round a










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