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1925 Supreme(Mad) 507

SPENCER
Sivan Pillai – Appellant
Versus
T. S. Venkateswara Ayyar – Respondent


JUDGMENT

Spencer, J.

1. The revised decree in this scheme suit as passed on March 16th, 1906, by the learned District Judge of Tinnevelly (now Mr. Justice Phillips) provided that the trustee should hold office for a term of 7 years renewable at the will of the villagers and the Court, New trustees ware to hold office upon nomination by the villagers of Thiruvannathapuram and Thimmarajapuram, subject to the approval of the District Court. More than twice 7 years bad passed, when the matter came up again before the District Judge of Tinnevelly in November 1924. At that time, there was a mahazar dated 16bh December, 1922, signed by several villagers asking the Court to approve of the nomination of Venkatarama Aiyar. There was another mahazar dated 15th February, 1923, asking the Court to appoint. Venkateswara Aiyar, the trustee hitherto in office. While that was pending, the present petitioner and appellant, Sivan Pillai who claimed to have an interest in the trust, filed a petition supporting the candidature of Venkateswara Aiyar, The District Judge dismissed the petition and from his order this is an appeal or a revision. So far as the records show, the District) Judge was in error in





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