Judgement

GAJENDRAGADKAR J. - This is an appeal by defendants 47 and 48 and the principal question which is raised for our decision in the appeal is whether the properties in suit are the subject-matter of public charitable trust or are merely burdened or charged with the obligation in favour of the specified charities. The suit from which this appeal arises was filed with the sanction of the Collector under S. 92 of the Civil P.C. and the plaintiffs alleged that the properties in suit were the subject- matter of a public charitable trust and that a scheme may be framed for the administration of the said trust.

The present appellants who are in possession of a substantial portion of the properties in suit as alienees have resisted this claim. They conceded that the properties in their hands were subject to the charge in favour of the charities but they denied that the said properties were the subject matter of a charitable trust. Several other pleas were made by the parties but the principal question in dispute between them was in regard to the character of the properties in suit. Both the learned trial Judge and the High Court of Madras have upheld the plaintiffs plea.

It has been