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2002 Supreme(Mad) 200

S.JAGADEESAN, P.D.DINAKARAN
Sri Selva Vinayagar Koil represented by its Trustees, Cuddalore and others – Appellant
Versus
Nagasundaram and others – Respondent


Advocates:
Ms.Chitra Sampath, for Appellants.
K.Moham for Respondent No.6.

S.Jagadeesan, J: The plaintiffs in C.S.No.273 of 1994 are the appellants herein. The suit was filed for (i) declaration that the appellant temple is the absolute owner of the property described in the schedule of the plaint and for consequential permanent injunction against the respondents 1 to 3 restraining them from dealing with the property in any manner, (ii) directing the respondents 1 to 3 to submit the accounts for the collection of rents from the suit property from 17.11.1993 till the date of delivery of possession, and (iii) directing the respondents to quit and deliver the vacant possession of the property.

2. The claim of the appellants is that originally the suit property belonged to one Ramalinga Chettiar. He executed a trust deed on 13.2.1919, which is marked as Ex.P1 in the suit. Under the said trust deed, the owner of the property Ramalinga Chettiar appointed 5 persons as trustees with a direction to distribute the income from out of the suit property as follows:

(i) to provide for the daily poojas for Kasi Viswanathan;

(ii) to pay Rs.5 for daily neivethiyam;

(iii) to pay Rs.10 p.m. till the life time of the author of the trust;(iv) thereafter to pay Rs.10 p.m. till the





























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