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1990 Supreme(Mad) 399

K.M.NATARAJAN, VENKATASWAMY
Pappa – Appellant
Versus
Shanmughathammal and Others – Respondent


Appearing Advocates:K. Sengottaian, T.R. Mani, Sr. Counsel, K. Sampath, Advocates.

Judgment :-

K. M. NATARAJAN, J.

This appeal is filed by the unsuccessful plaintiff against the judgment and decree passed by the II Additional Subordinate Judge Madurai, in O. S. No. 486 of 1977 dismissing the suit filed by the appellant.

2. The brief facts which are necessary for the disposal of the appeal are as follows : The appellant, hereinafter referred to as the plaintiff, filed the suit for a declaration that she is the trustee of the private trust established by Ramayee Ammal, for delivery of possession of the suit properties and for rendition of accounts by defendants 1 and 2 on the following averments. One Andiappa Pillai son of Arumugham Pillai of Veeracholam village executed a registered will dated 12-12-1912 while in a sound and disposing state of mind and volition, whereby he made provision for carrying out the following charities (1) Performing daily pooja in the Vinayagar temple constructed and installed by him in his native village Veeracholam; (2) Arranging a payasa kattalai pooja at uchikalam to Lord Subramania at Tirupparankundram and (3) Performing daily pooja to his family deity Andrappa Swamigal at Sennalgudi wherein he has constructed a temple for the said de




























































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