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1939 Supreme(Mad) 72

SOMAYYA
Nallasivan Pillai – Appellant
Versus
Ganapathi Mudaliar – Respondent


JUDGMENT

Somayya, J.

1. Defendants 2 and 3 are the appellants in this second appeal. The suit was filed by the plaintiff for establishing that he is the lawfully appointed dharma-kartha and entitled to manage and to be in possession of the property dedicated for certain charities. By two documents, Exs. A and B dated 27th November 1910 and 10th August 1911 respectively, the founder dedicated certain properties for the charities mentioned in the two documents m& directed that after her lifetime "Ammaiyappa Mudaliar Avergal and after his lifetime his heirs should be the hereditary hukdars." The documents also stated that the founder had no right whatever to cancel or alter this deed of settlement during the lifetime of the settlor. The present suit was filed after the settlors death which took place on lOth August 1931. The plaintiff states that he is an heir of Ammaiyappa Mudaliar and therefore a hereditary dharma-kartha according to the express terms of Exs. A and B. This claim is defended on the ground that after Ammaiyappa Mudaliars death in 1918, it was competent to the founder to make a new provision for the devolution of the trusteeship and that Ex. II in the case was executed i



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