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1997 Supreme(Mad) 914

S.S.SUBRAMANI
Veeramalai – Appellant
Versus
Murugesan – Respondent


Advocates Appeared:
For the Appellant:S. Parthasarathy, Advocate.
For the Respondents:R1 to R3 & R5 - R. Narayanan for T.M. Hariharan, Advocate.

Judgment :-

1. Plaintiffs in O.S. No. 317 of 1987, on the file of Principal District Munsifs Court, Kulithalai, are the appellants.

2. There are two items of properties A and B. In this Second Appeal, we are concerned only with the B Schedule Item.

3. It is the case of the plaintiffs that the ‘A’ Schedule property belonged to one Kothan Mulhiriar and he executed a Trust Deed by which his wife and two sons were directed to manage the Trust without alienating the same. Till his death, he was managing the Trust A Schedule properties, and on his death, his widow became the Trustee, and on the death of the widow, his two sons Karuppannan and Sellaperumal were jointly performing the charities. It is also alleged that out of the income of the ‘A’ Schedule properties, ‘B’ Schedule properties were purchased in the name of Karuppannan and the same also forms part of the Trust. The first defendant is the wife of Krishnan and second defendant is bis daughter. Since Krishnan was not on good terms with his wife and daughter, a suit for maintenance was filed against him as O.S. No. 572 of 1957 by which they were awarded separate maintenance. It is further averred that the father of third defendant








































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