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1961 Supreme(Mad) 153

P.S.KAILASAM, GANAPATIA PILLAI
V. Rajaram – Appellant
Versus
Ramanujam Iyengar – Respondent


Advocates:
D. Ramaswamy Ayyangar and P. R. Varadarajan, for Appellant.
K.S. Desikan, K. Raman, K.G. Srinivasa Ayyar, R. Desikan and A. Sundaram Ayyar, for Respondents.

Ganapatia Pillai, J.-

The appellant in this appeal is the plaintiff in the suit out of which it arises. The suit was brought by the appellant against a number of defendants who are all respondents here for the main relief of recovery of possession of properties alleged to belong to a choultry. There were two schedules attached to the plaint. Schedule A contained the site and the building of the choultry founded by one Veerappa the paternal grandfather of the plaintiff. Schedule B to the plaint contains a list of properties, all lands, endowed by this Veerappa for the maintenance and upkeep of the said choultry founded by him. Veerappa executed a gift deed in 1887 for the creation of this endowment and also provided by that deed for succession of managers for the institution. He indicated that he would be manager during his lifetime, and after him his son and sons heirs should manage the endowment, receive income from B Schedule lands and keep up the charity by maintaining the services to be performed therein. The alienations as a result of which the B Schedule properties went out of the hands of the trust can be classified under three heads: (1) alienations by Nachiyappa, the pater










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