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2004 Supreme(Mad) 371

K.GOVINDARAJAN, N.KANNADASAN
B. D. V. Rangarathinam – Appellant
Versus
Bakthositha Perumal Temple – Respondent


Advocates Appeared:
Mr.V.S.Subramaniyan, Advocate for Appellants. Mrs.Chitra Sampath, Advocate for Respondents 1 to 5; No Appearance for Respondents 6 to 8

Judgment :-

K.Govindarajan,J.

1. Defendants 3, 4, 9 and 21 having aggrieved by the judgment and decree in O.S.No.170/1981, as confirmed by the learned single Judge, in Tr.Appeal No.11/1993, filed the above Appeal.

2. Plaintiffs/respondents 1 to 5 filed a suit in O.S.No.170/1981 on the file of the learned District Munsif, Sholinghur to direct the transfer of trust properties to the plaintiffs’ beneficiaries and deliver the same to them in pursuance of the title declared in O.S.No.44/1912, on the file of the Sub-Court, North Arcot District at Chittoor and for direction to defendants 1 to 7, 8, 21 and 22 to duly account for the rent and profits of the trust properties and pay them the sums available with them as belon ging to trust together with interest till payment.

3. It is not in dispute that the suit properties originally belonged to Velliagaram Alwar Chetty. He executed a deed of declaration of trust dated 19.1.1898 for supply of flowers to the deities for the plaintiffs’ temples and for distribution of cooked rice to desanthiries. Subsequently, the said Alwar Chetty seems to have cancelled the said trust deed, as the trustees were not prepared to act as trustees. Thereafter,


































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