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1983 Supreme(Mad) 405

K.B.N.SINGH, PADMANABHAN
K. M. S. L. Sundararamier – Appellant
Versus
K. N. Sarojini – Respondent


Advocates:
M. R. Narayanaswami, for Appellant, T. R. Mani, for Respondent.

Judgement

PADMANABHAN, J. :- This Letters Patent Appeal involves an interpretation of a trust deed executed on 16th March, 1919 by two brothers Lakshmana Iyer and Krishnasami Iyer who were coparceners of a Hindu Mitakshara joint family. The appellant is the defendant in O. S. 208 of 1970 on the file of the Additional Subordinate Judge, Madurai. Lakshmana Iyer and Krishnaswami Iyer were the sons of one Subbier. Subbier died in 1921. It is stated that Krishnaswami Iyer died issueless. We are not concerned in this appeal with Krishnaswami Iyer. Lakshmana Iyer died in 1970. The plaintiff Visalakshmi Ammal who died subsequent to the filing of the suit is the daughter of the said Lakshmana Iyer and Sundararmier, the defendant (the appellant herein) is the son of Lakshmana Iyer. The plaintiff has filed the suit for a declaration that she is entitled to the office of trustee for K.N. Subbier, and sons charities, Madurai for delivery of possession of the suit properties and for rendition of accounts by the defendant. The trial Court granted a nee in favour of the plaintiff. The defendant filed A. S. 341 of 1974 on the file of Court which has been dismissed Hence this Letters Patent Appeal by

















































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