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1959 Supreme(Mad) 291

RAMASWAMI, ANANTANARAYANAN
N. Ramaswami Mudaliar – Appellant
Versus
S. A. Aiyasamj Chettiar and others – Respondent


Advocates Appeared:
T.M. Krishnaswami Iyer, and C.S. Swaminathan, for Appellant; K. Veeraswami and V. Ramaswami, for Respondent.

Judgement

RAMASWAMI J. :- This appeal is directed against the decree and judgment of the learned Subordinate Judge of Salem in O. S. No. 165 of 1954.

2. The suit out of which this appeal arises was for (a) settling a scheme, and (b) removing the defendant from trusteeship, (c) appointing a new trustee as per the scheme to be settled, (d) directing the defendant to render accounts of the income from the trust properties since 1945, and to direct him to pay to the trust whatever is found due on account of past and present income and profits in the suit properties and (e) any other directions regarding the suit charities and other reliefs.

3. The suit was filed on the foot of the following allegations : The plaint A schedule proper ties were endowed by the late Narayanaswami Mudaliar, the adoptive father of the defendant, and the late Arunachalain Chettiar, the father of plaintiffs 1 and 2 and paternal uncle of the third plaintiff, from a portion of profits earned in their partnership business and set apart for charitable purposes. The partnership was dissolved under a registered document dated 30-11-1909. The document recites that at the instance of Narayanaswami Mudaliar the suit prope











































































































































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