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1927 Supreme(Mad) 168

VENKATASUBBA RAO
C. N. Eralappa Mudaliar – Appellant
Versus
T. Balakrishniah – Respondent


JUDGMENT

Venkatasubba Rao, J.

1. This is a relators suit under Section 92 of the Code of Civil Procedure filed with the sanction of the Advocate-General. The suit property originally belonged to one Kaveri Ammal. By a registered deed dated the 21st September 1914, she dedicated the property to charity appointing two trustees (1), Ramanuja Mudaliar; and (2) Bhashyam Naidu.. It is not disputed that, so far as the language of the deed is concerned, the dedication was complete and that the donor reserved no rights for herself in the property. About seven years after this Kaveri Ammal executed a Will of which Probate has been obtained by the defendant. The latter is not strictly the granddaughter of Kaveri Ammal, because she is only the daughter of Kaveri Ammals son-in-law. The Will deals with two properties, one of them being the suit property. These two houses are bequeathed to the defendant and she is directed to perform certain charities.. The object of the trust deed of 1914 is the performance of utsavams in the temple of Sri Ranganatha in Tiruneermalai village. It is necessary to notice the difference between the provisions of the trust deed and the provisions of the Will. Whereas,




















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