A.R.LAKSHMANAN, SRINIVASAN
Joshi Amba Shankar Family Trust rep. by its Managing Trustee Dilip Kumar G. Joshi – Appellant
Versus
Gowrishankar – Respondent
SRINIVASAN, J.
1. These two appeals are against the order of a learned single judge of this Court dt. 2nd February, 1995 in Application No. 801 of 1991. The earlier appeal is by the first respondent in the said application and the later appeal is by respondents 10 to 15 therein. The appeals were heard together as they raise common questions. For the sake of convenience, the parties will be referred in this judgment according to their rank in the application.
2. The first respondent trust was created by one Ambasankar Joshi by a deed of Declaration of Trust on 15th January, 1934. Three items of immovable properties comprising building and land were set apart for carrying out the objects of the trust. The purpose of the Trust is to help poor relations of the author of the Trust and for some charitable and pious purposes. The author of the Trust has laid down the manner in which the income from the trust properties should be utilised for the purpose of the trust . One fourth of the net income shall be spent for the purpose of rice and other grains or vegetables if convenient for giving alms to the poor of whatever class or creed who may appear and beg at premises No. 14, Sam
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