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2003 Supreme(Mad) 993

R.JAYASIMHA BABU, N.V.BALASUBRAMANIAN
Kalia Pillai (died) & Others – Appellant
Versus
Kathayee ammal Dharmam(Charities) & Others – Respondent


Advocates Appeared:For the Petitioner:Mr.G.Rajagopalan, Advocate for M/s.S.Chandrasekaranand P.Rose Kamalam, Mr.S.Parthasarathy, Advocate for M/s.Sarvabhauman Associates. For the Respondents:R1 Mr.S.S.Mathivanan, R5&7 Mrs.Pushpa Sathyanarayanan, Advocate.

Judgment :-

N.V.BALASUBRAMANIAN,J.

These three appeals are the typical examples of the case as to how the properties endowed for charities by charitably inclined persons are misused and resisted by suitors raising indefensible pleas when suit is instituted for recovery of possession of the trust properties. In all the appeals, various defendants in the suit are the appellants. The first respondent in all the appeals is the plaintiff. The plaintiff is represented by the Executive Officer of Sri Arunachaleswarar temple, Tiruvannamalai which is a famous temple in South India. The suit has been instituted by Kathayee Ammal Charities represented by the Executive Officer of Sri Arunachaleswarar temple. The plaintiff has instituted the suit for recovery of possession of the suit properties, to be precise, four items of landed properties and movables which originally belonged to one Kathayee ammal, the lady who executed a will dated 17.1.1925 which is her last will and testament. The lady has a mind of charitable disposition and she has, by her will, endowed item Nos.3 and 4 of the suit properties, which, according to her, should be utilised for the stay and for the feeding of poor Hindus p



































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