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1938 Supreme(Mad) 172

ABDUR RAHMAN
Vedakannu Nadar – Appellant
Versus
Nanguneri Taluk Singikulam Annadana Chatram through its huktdars Medai Dalavoi Ranganatha Mudaliar – Respondent


JUDGMENT

Abdur Rahman, J.

1. Two suits for ejectment, out of which these appeals arise, were filed in the name of a public charity known as Nanguneri Taluk Singikulam Annadana Chatram by the plaintiff as a huqdar (which is here used for a manager of a trust) sometime in 1921 against a number of tenants and were decreed by the Subordinate Judge in March, 1935. Having regard to the fact that the suits were filed on behalf of a charity, which was neither registered nor a juristic entity, it is fairly obvious that they could not proceed, but since they have gone on for this length of time and even succeeded in the trial Court, it may well be argued that the defect was one of wrong description merely and should not be allowed to prevail at this stage. We have therefore decided to go into the other question relating to the right of the plaintiff and after his death, which occurred while the suits were still pending, to that of his heirs to institute and maintain these actions.

2. The facts which are relevant for this purpose may be shortly stated. These properties appear to have belonged to one family at one time and were endowed for the purpose of a chatram (which may be regarded as a Dhar








































































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