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1927 Supreme(Mad) 528

PHILLIPS
Pichai Pillai – Appellant
Versus
Lingam Iyer – Respondent


JUDGMENT

Phillips, J.

1. This is an appeal against a decree framing a scheme in respect of the suit charity and removing the defendants from trusteeship. The suit properties which are said to be the subject-matter of the trust belonged originally to one Vaidyalinga Pillai who died leaving a widow Papammal, a son and two daughters. The son and his wife predeceased Papammal on whom therefore the property devolved. In 1858, by Ex. B she gifted the greater portion of the suit properties for a chattram and for feeding five Brahmins and two Saivites at Trichinopoly. She also purported to appoint trustees for the charity and mentioned four names in Ex. B. Apparently these trustees did not assume office during her lifetime but she continued to manage the. trust until her death in 1875. After her death Ayya Pillai, her son-in-law and one of the trustees nominated in Ex. B took possession and carried on the trust. He died in 1877 leaving a will under which he nominated his son Kunju Pillai to be the trustee. One Visalakshi, another daughter of Papammal, then put forward her claim to the property and filed a suit against the tenants. The dispute between her and Kunju Pillai was eventually compr











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