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1991 Supreme(Mad) 597

SRINIVASAN
T. Palaniswamy Gounder – Appellant
Versus
A. V. G. Ponnuswamy Chettiar and others – Respondent


Appearing Advocates:S.Gopalaratnam, Senior Counsel, for R.L.Ramani and Renuka Ramani, for Petitioner. Babu for Muthumani Doraisami, P.Sengottuvel, S.Venkateswaran and R.Kottravel, Respondent Nos.1 to 7.

Judgment :-

This revision petition is filed by the third respondent in the application before court below which was one under Sec.92 of the Code of Civil Procedure for leave to institute the suit of obtaining the reliefs set out in the plaint. In the view I am taking, it necessary to refer in detail to the respective contentions put forward by the parties court below.

2. According to the plaintiffs, by a registered deed dated 7.9.1900 Mandi Venkatanaicker, respectable and prominent citizen of Erode created a trust, endowing his property religious and charitable purpose enumerated in the document. By a supplemental deed 12.4.1911, more properties were vested for the purpose of carrying out the endowment. plaint proceeded to state that the trustees were ordained to maintain regular accounts, out a balance sheet every year and carry out the religious functions and charitable objects enumerated in detail in the documents without any variation or substraction. One of properties endowed was a building in Pove-ethi Street, which was previously known Mandi Street in Erode and that is said to be the suit property. According to the plaintiff, was leased out to the first plaintiff in 1942 by












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