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1908 Supreme(Mad) 75

Mahadeva Iyer – Appellant
Versus
Sankarasubramania Iyer – Respondent


JUDGMENT

1. By a registered deed, Exh. A, one Ponnu Sankara Subbaiyer settled certain Immovable property on certain charitable trusts and appointed himself as hukdar for life and provided that, after his death, his grandson Sankara Subramania Iyer, should succeed him as hukdar, and that such grandson and every successive hukdar should in turn select a successor in like manner. Subsequently, the settlor executed two deeds Exhs. B and C by one of which he purported to cancel the appointment of Sankara Subramania Aiyar as hukdar, while by the other, he appointed the present plaintiffs. On the settlors death, the plaintiffs took possession in proceedings under Section 145, Cr.P.C., and then instituted the present suit. The District Munsif decided in his favour, but the lower appellate Court dismissed the suit on the ground that the settlor had no power to revoke the appointment, under Exh. A, of the defendant. For the appellant, it is contended that part of Exh. A which appoints the defendant must be regarded as being of a testamentary character and so revocable. We are unable to accept this contention. It is not contended that the whole of Exh. A is revocable, and we see no reason why

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