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1928 Supreme(Mad) 197

KUMARASWAMI SASTRI
K. Swaminatha Aiyar – Appellant
Versus
Jambukeswaraswami Temple And – Respondent


JUDGMENT

Kumaraswami Sastri, J.

1. This appeal arises out of a suit filed by plaintiffs 1 and 2 who are the trustees of Sree Jambukeswaraswami temple against the defendants for possession of the properties mentioned in the Sch. A which according to the plaintiffs were dedicated by one Karupanna Pillai towards a kattalai known as the Dadhyodana kattalai under a deed Ex. C, dated 4th July 1891. The deed Ex, C was executed by Karupanna Pillai whereby he constituted himself as the first trustee, made provisions for the succeeding trustees, gave the properties mentioned in the deed towards this kattalai and gave also the particulars as to the expenses that are to be incurred. The material portions so far as it concerns this appeal are in paras.4, 5 and 7 of the deed. Para. 4 runs as follows:

Subsequent to my death, my son Subrahmania Pillai and Muthuswami Pillai son of Subramania Pillai of Tiruvannavanallur and (3) Davaraya Pillai son of Muthiah Pillai of Omandur, Musiri Taluk-these three shall either unanimously, or a majority of them, enjoy the properties as managing members and shall, out of the income thereof, conduct the charity permanently in the manner before mentioned.

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