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1987 Supreme(Mad) 25

SRINIVASAN
G. Subashini – Appellant
Versus
P. Lakshmi Bai – Respondent


JUDGMENT

Srinivasan, J.

1. The defendants, who were successful in the trial Court, but defeated in the appellate Court, are the appellants in this second appeal.

2. The suit relates to a trust created by one Kankipati Kanniah Chetty in 1847, whereby he endowed two items of immovable properties, one situated in Third North Beach Road, Madras and another in Kaladipet, Saidapet Taluk, Chingleput District. One Pasumarthy T. Krishnasamy Chetty was the trustee in 1925 and by his will dated 21.8.1925, he appointed his wife Pasumarthy Venkamma alias Sriranganacharamma along with three others as executors and trustees to administer the trust. He also directed the executors-cum-trustees to discharge the debt of Rs. 1,913 due to him by the trust. His will was duly probated in O.P. No. 183 of 1927 on the file of this Court. After some time, Sriranganacharamma became the sole trustee on account of the departure of the other trustees from this world. She found that the trust properties were in a bad state of repair and could not yield sufficient income either for the performance of the charities or for the liquidation of the debts due to Krishnaswamy Chetty referred to earlier. She entered into an



























































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