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1984 Supreme(Mad) 215

RAMANUJAM, RATNAM
P. Sivagurunatha Pillai – Appellant
Versus
P. Mani Pillai (died) – Respondent


Advocates:
M. Srinivasan for B. Rajagopalan, for Appellants, B. Kumar, for Respondent

Judgement

RTNAM, J. : -The plaintiffs are the appellants in this appeal directed against the dismissal of their suit in O. S.56 of 1972, Sub-Court. Kumbakonam, under 92, C. P. C. praying for the relief of the timing of a scheme. The appellants came forward and with the suit claiming that the suit properties are dedicated for public purposes and constitute a public trust. It was also further claimed in the plaint that there is a choultry at Pandanallur, called 'Kunnayee chatram' and one Kunnayee Ayeeyar, wife of Vellaya Pillai constructed the cehoultry in or about 1840 and endowed some lands and subsequently one Chellappa and Chinnakulandai also endowed other properties to the choultry, in all totalling to 37 acres and 10 cents in Pandanallur and Keelamandur villages. The patta in respect of these properties, according to the appellants, stood only in the name of the choultry and the respondents 1 to 3 herein did not have any rights. The properties so endowed to the choultry formed part of schedule I to the plaint and the appellants claimed that the entire income was intended to be utilised for conducting Thanneer Pandal Dharmam, poor feeding of mendicants and the maintenance of the












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