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1969 Supreme(Mad) 181

K.S.PALANISWAMY
A. Subramanyam – Appellant
Versus
B. Yegnanarayaniah – Respondent


Advocates:
V. Thyagarajan and Alladi Subramaniam, for Plaintiffs.
P. V. Chalapathi Rao, T.M. Kasturi, L.V. Krishnaswami Iyer, S. Kothandaraman, K. Venkateswara Rao, A. Sankaran, M. Krishnaswami, R. Krishna Iyer, C. P. Rajagopala Iyengar and V.C. Veeraraghavan, for Defendants.

JUDGMENT.-

Issue No. 1 framed in this suit has been heard as preliminary issue and it thus reads:

" Is the suit not maintainable for want of sanction under section 92 of the Code of Civil Procedure."

2. The relevant facts are these. One Vavilla Venkateswara Sastrulu was possessed of extensive properties both at Madras and at Nellore in Andhra Pradesh. He was also conducting a printing and publishing concern known as ‘ ‘Vavilla Ramaswamy Sastrulu and Sons ", reputed for the publication in classical, religions, devotional and literary works in Sanskrit, Telugu, Tamil, Hindi, etc. He died intestate and issueless on 9th April, 1956 leaving his widow, Vavilla Subbamma, who became entitled to all the properties of her husband with absolute powers under the provisions of the Hindu Succession Act, 1956. With a view to cater to the spiritual beatitude of her husband and for the perpetuation of the trust carried on by her husband, Vavilla Subbamma executed a deed of trust on 30th June 1956. Under the trust deed she constituted herself as the sole trustee for her lifetime with the assistance of such adviser or advisers as she may choose at her discretion. She also reserved to herself the power






































































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