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1973 Supreme(Mad) 427

MAHARAJAN, VENKATARAMAN
In the Matter of B. Yegnanarayaniah – Appellant
Versus
. – Respondent


Advocates:
G. Vasantha Pai and A. Balsubramanian for Appellant; The Advocate-General, for State.

Judgement

VENKATARAMAN, J. :- This is an appeal against the judgement of Ramanujam, J., convicting the appellant, Yegnanarayaniah, of contempt and sentencing him to undergo simple imprisonment for six months and a fine of Rs. 2,000/-. The facts are these. One Subbanna created a trust called 'Vavilla Venkateswara Sastrulu Trust' by deed dated 30-6-1956. She was the sole trustee during her life and she appointed the appellant (her sister's son-in-law) as the sole trustee after her death. The appellant took charge as sole trustee on 12-9-1958. She left a will in respect of her private properties and appointed the appellant as executor. On the alienation that the appellant did not perform any of the charities mentioned in the trust deed and misappropriated certain amounts, some persons filed a suit, C. S. 88 of 1970, seeking the removal of the appellant from the trusteeship. During the pendency of the suit, the appellant and an advocate Sri S.S. Marthandam were appointed joint receivers. After an elaborate trial, Ramanujam, J., found that the appellant has diverted an amount of Rupees 1,22,769, from the trust fund to the executor's account without any authority or justification, in addi




























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