SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1940 Supreme(Mad) 8

HORWILL
Bava C. Gopalaswami Mudaliar – Appellant
Versus
The Annadhana Kattalai of Sri Tyagarajaswami temple by Trustee, Vaithilinga Pandarasannadhi – Respondent


JUDGMENT

Horwill, J.

1. The appellant brought a suit on two promissory notes for amounts advanced to the Annadhana kattalai for the necessary performance of the duties imposed on the trust. The first defendant was the trustee of the kattalai and the second defendant was the receiver of the kattalai property, who has since been replaced by the executive officer of the temple. It appears from the plaint that the money was not advanced direct to the kattalai. The plaintiff, who had received a power of attorney from the trustee, was managing the kattalai on the first defendants behalf, receiving income from the property, and making purchases; and the sum claimed is that admitted by the first defendant to be due to the plaintiff on account of provisions and other necessaries supplied to the kattalai in excess of the income. The defendants contended that some of the alleged items of expenditure were not true; but it was found that the plaintiff had properly accounted for the money mentioned in the promissory notes and that it was properly expended on the temple. The second defendant raised another plea and that was that the first defendant had no power to borrow money, that the plaintiff k

















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top