SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1971 Supreme(Mad) 574

RAGHAVAN, K.VEERASWAMI
Jayavarna Naidu – Appellant
Versus
Tirupathi – Respondent


Advocates:
U. Somastmdaram and P. Kothandaraman, for Appellant; R. Gopalswami Iyengar and T.R. Srinivasan, for Respondents.

Judgement

VEERASWAMI, C.J.:- First defendant appeals from a reversing judgment of Ramakrishnan, J. He allowed the respondents' suit for recovery of possession of the plaint schedule properties in their capacity that they were sole surviving trustees of a private family trust under which the properties had been endowed. One Srinivasa Naidu purchased in 1881 the plaint schedule properties and constituted the same, as we were told, as a trust or endowment for performance of certain objects. What precisely are the terms of the trust, are yet to be ascertained. The founder nominated his brother's son, Nayeena, to succeed him as a trustee, but made no further provision for devolution. Nayeena died in 1908. Parankusam, the son of Srinivasa Naidu, succeeded to the office and held it between 1922 and 1936. He died in 1936 leaving his widow Govindammal and a will Ex.B-2. He nominated her to be the trustee after his lifetime and provided further that she might, according to her will and pleasure, nominate any one as a trustee to succeed her to perform the objects of the trust. She accordingly nominated her sister's son by a will and died on 28-11-1958. We may in passing notice that because Par




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top