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2002 Supreme(Mad) 1040

A.RAMAMURTHI
Gopalakrishnaswamy Picture Trust – Appellant
Versus
Nathaswaram Govindasamy Pillai (deceased) & Others – Respondent


Advocates Appeared: For the Appellant:P.Valliappan for M/s. Sarvabhauman Associates. For the Respondents:C.Rajagopan, Advocate.

Judgment :-

The unsuccessful plaintiff in both the courts below is the appellant.

2. The case in brief is as follows:- The plaintiff Trust filed a suit to direct the defendant to deliver possession of the property and to pay future mesne profits from the date of plaint till delivery of possession. The suit property originally belonged to Subba Pillai and he died leaving behind his only son Ramasamy Pillai. The said Ramasamy Pillai had three sons, namely, Rajagopala Pillai, Govindasamy Pillai and Mahadeva Pillai. Ramasamy Pillai and his sons divided their joint family properties under a registered partition deed dated 11.06.1919. Govindasamy Pillai is the father of the plaintiff. Rajagopala Pillai executed a registered Will while he was in a sound and disposing state of mind on 02.07.1956. Rajagopala Pillai and Mahadeva Pillai died without any issues; but Rajagopala Pillai was treating one Balasubramaniam as his foster son. By the Will dated 02.07.1956, Rajagopala Pillai gave properties to his relatives. Items 1 and 2 of A schedule property have been specifically set apart for a Religious Trust. Out of the income from these properties, payment of municipal tax and repairs have to be


























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