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1937 Supreme(Mad) 93

VENKATARAMANA RAO
Kolicherla Seshacharlu – Appellant
Versus
Vidwan Ramanujacharulu – Respondent


JUDGMENT

Venkataramana Rao, J.

1. The question raised in this Second appeal is whether the properties involved in the suit, a house and lands, are trust properties dedicated to a charitable trust. The suit was instituted by the plaintiffs as representatives of the Sri Vaishnava Brahmins who are claimed to be the beneficiaries under the said trust to have it declared that a decree obtained by defendant 2 against defendant 1 in O.S. No. 354 of 1930 on the file of the Tirupathi District Munsifs Court on the foot of a mortgage of the suit property executed by defendant 1 is not binding on the trust. The trust mentioned in the plaint is the feeding of Brahmins or Brahmin pilgrims that assemble in Tiruchanur near Tirupati during the Brahmotsavam festival of Sri Padmavati Thayarammal. The said trust is alleged to have been founded in the year 1914 by the disciples of defendant 1 who is an acharya or guru, and defendant 1 constituted a trustee. Both the lower Courts have negatived the plaintiffs claim on the ground that the plaintiffs have not proved that there was any trust as alleged by them.

2. There is no deed evidencing any such trust, nor has any oral evidence been let in on which any t








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