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1919 Supreme(Mad) 309

Vaithinatha Aiyar – Appellant
Versus
S. Tyagaraja Aiyar – Respondent


JUDGMENT

1. This appeal arises in a suit filed under Section 92 of the Civil Procedure Code with reference to a choultry and the properties alleged to be endowed for the use of that choultry. The two plaintiffs are relations of the founder and the two defendants allege to be the lawfully appointed trustees under the will of one Suriyanarayjna Aiyar who according to the plaintiffs was the last surviving trustee of this charity. Suriya-Narayana Aiyar was one of five brothers, the sons of one Kalyanarama Iyer. The other four brothers were Sivasubra-maniya Aiyar, Venkataranga Aiyar, Swaminatha Aiyar and Sivarama Aiyar. Kaliyanarama Aiyar had also several daughters one of them being the mother of Thiyagaraja Aiyar, the 1st plaintiff. 2nd plaintiff is the son of the adopted son of another daughter of Kaliyanarama Aiyar. One daughter of Kaliyanarama Aiyar named Subbuthayi Animal is still alive all the sons and the other daughters having died previous to the institution of the suit. The first question which has been argued before us by Mr. T. Kangachariar, the learned vakil for the defendants, is whether the plaintiffs have an interest within the meaning of Section 92 of the Civil Procedure

















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