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1977 Supreme(Mad) 71

V.RAMASWAMI
R. Srinivasan – Appellant
Versus
S. P. Krishnamoorthy Sarma and others – Respondent


Advocates:
R. Muthukumaraswamy, V. Thiruvenkata chari and K.S. Srinivasan, for Appellant.
K. Raman, B. Rajagopalnan and N. Vanchinathan, for Respondent.

JUDGMENT.- The plaintiff is the appellart. The suit was filed for recovery of the suit properties from defendants 6 to 14. One Subbaraya Iyer purchased originally a small bit of land in Raghunathapuram, which is a hamlet of Sholapuram within the Sub-Registration District of Tiruvidaimaruthur, Kumbakonam taluk, and with his own money put up a tiled building and planted cocoanut trees. In the building he installed “Sri Ramachandramurthy” and consecrated the same and was performing daily pooja, and neivedyam and was also conducting festivals on important occasions. Later on, by a deed of endowment dated 4th September, 1904 he constituted this into a trust and endowed also other properties. He called the trust property as a public charitable trust. The Hindu community of the village were worshipping in the madam, doing bajanai and holding festivals on important occasions. The trust deed provided also for the management of the trust properties and the madam. The founder constituted himself as the first trustee and further provided that after his death the eldest of his brothers should become a trustee and thereafter the eldest sons of his brothers should succeed and manage the propertie












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