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1959 Supreme(Mad) 102

P.V.RAJAMANNAR, GANAPATIA PILLAI
Nammalwar – Appellant
Versus
Appavu Udayar – Respondent


Advocates:
R. Ramamurthi Ayyar and T. R. Venkataraman, for Appellants.
A. V. Narayanaswami Ayyar, R. Subramania Ayyar and S. Ponnuswami, for Respondents.

Ganapatia Pillai, J.—

This appeal against the dismissal of O.S. No. 128 of 1950 on the file of the Subordinate Judge’s Court, Tiruchirapalli, is by the plaintiffs. The suit was laid against 32 defendants for declaration that the properties described in the Schedules to the plaint belonged to the Trust specified in the will of one Appavu Udayar who died on 31st July, 1902. The further reliefs claimed in the plaint were recovery of possession of the alienated properties from the alienors and restoration of possession to the first defendant or to such other person as the Court might deem fit for and on behalf of the Trust and recovery of mesne profits at Rs. 10,000 per annum. The case in the plaint is that the properties described in Schedules B and C to the plaint belonged to Appavu Udayar who executed a will on 17th September, 1885, bequeathing them to a Trust for feeding 10 Brahmins every day in a house bearing Door No. 211, North Chitrai Street, Srirangam, belonging to him. The three widows of the testator who survived him were appointed trustees of the charities for their lives. The first defendant to the suit was the only surviving widow of the testator on the date of plaint. The

























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