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1937 Supreme(Mad) 431

STODART
Putti Ramachar – Appellant
Versus
P. V. Venkata Row – Respondent


JUDGMENT

Stodart, J.

1. Plaintiffs are the appellants. Their grandfather Ramachar had three sons. In 1891, he died leaving a will in which he founded a religious trust and appointed his second son Venkatasubbarayar to carry out its object, namely, the building of a temple, the installation in it of certain idols and the regular conduct of worship of the said idols. Venkatasubbarayar died in 1924 having performed the duties of trustee and was succeeded by his three sons defendants 1 to 3 who have continued in office till 1929 when this suit was filed. Plaintiffs are the sons of the youngest son of the founder. They seek to be declared trustees on the ground that the appointment by testator of Venkatasubbarayar was only for his life, that on Venkatasubbarayars death in 1924 the office became vacant and the trusteeship vested in all the heirs of the founder, namely, themselves, defendants 1 to 3 and defendants 5 and 6 who are sons of Ramachars eldest son, and who now support the plaintiffs. The lower Court held that the appointment of Venkatasubbarayar was for himself and his heirs. The appeal therefore is that the lower Court is wrong in its interpretation of the will. Other questions


































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