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2024 Supreme(Online)(MAD) 42635

HIGH COURT OF MADRAS
Mrs.Justice S.Srimathy, J
Congress Ponvizha Mandapam T – Appellant
Versus
P.Veldurai – Respondent


Advocates:
Mr.G.Dhanapal R1 : Died For R2 and R3 : Mr.R.Mariappan

Table of Content
1. court discussed legal identity of trust (Para 11 , 12 , 13 , 14)
2. trust has separate legal identity (Para 15 , 16 , 17 , 18 , 19 , 20)
3. appeal allowed and suit decreed (Para 21)

JUDGMENT

2. The plaintiffs are the appellants herein and the defendants are the respondents herein. For the sake of convenience, the parties shall be referred as plaintiffs and defendants as per the ranking in the suit.

4. The brief facts as stated by the plaintiffs are that the property in the 2 nd schedule of the plaint consisting of building absolutely belongs to the first plaintiff Trust. The plaintiff trust was created by three Congress Martyrs viz.,

1. S.Gopal

3. T.S.R.Venkatramana

5. S.Valli

5.(ii) The Trustee Gomathinayagam was a former member of Executive Committee, State Congress Committee, Former Chairman, Kadayam Panchayat Union and is a son of Shanmugam Pillai, the Martyr.

5.(iv) Dr.Neelakandan is a son of the Founder Trustee Harihara Iyer and he is a retired Doctor from Government service.

6. The defendants are strangers to the Trust and they claim as Trustees of the 1 st plaintiff Trust as if they have appointed as in-charge for maintaining the 2 nd schedule building (Mandapam) cl

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