K SRINIVASA IYENGAR Vs. K SRINIVASAN

JUDGEMENT

(1.) This is an appeal by the first defendant against the judgment of the High court of Madras in Appeal No 491 of 1966 arising out of original Suit No. 113/1950 on the file of the Subordinate Judge's court, tiruchirapalli. The suit was filed by K. S. Srinivasan who is respondent no. 1 before us. He was a minor at that time represented by his next friend and natural father Rajagopala Iyengar. The suit was for a declaration that the plaintiff was the adopted son of one Singam lyengar (Jr. ) and that he was entitled to joint management with the first defendant K. Srinivasa iyengar of the suit trust, hereinafter referred to as the 'pathashala trust'.

(2.) A few facts will be necessary to be stated. The Pathashala Trust which was known as the "tennacharya Sampradaya Vidya Pathashaia dharmarn" was founded by one Singam lyengar (Sr. ) , a very rich and pious vaishnavite Brahmin, on 24/04/1913. The founder had only one son kuppuswamy from whom he was divided, after partition, on 18/01/1913. In pursuance of the endowment, Singam lyengar (Sr. ) executed a deed of Settlement on 3/09/1913 (Ext. B-47) by which properties. mentioned in the 'a' Schedule were settled in favour of the trust. Under this settlement Singam lyengar (Sr. ) constituted himself the first Manager of the trust and after his death his son Kuppuswamy was to be the Manager. The settlement deed further proceeded to declare that after the son's death, the son's nominee and the nominee of each subsequent nominee shall be the Manager. In default of nomination, the District Judge was to nominate the Manager and his nominee again had the right to appoint his nominee. The settlement deed also provided for maintenance allowance being paid to some of the decendants in the family.

(3.) Kuppuswamy died on 1/07/1916 leaving behind him three sons, singam lyengar (Jr. ) Kasthuri Renga lyengar and K. Srinivasa lyengar, the present defendant No. 1. Since Kuppuswamy had died and the devolution prescribed by the settlement deed of 1913 had failed, Singam lyengar (Sr. ) executed another deed on 6/08/1924 (Ext. B-53) appointing himself as the first Manager and, after his life-time, his grand son Kasthuri renga lyenger as Manager with power to nominate his successor. On 6/04/1933 Singam lyengar (Sr. ) dedicated some more properties to the pathashala trust and the allowance to the members of the family were also increased. Ten days later i. e. , on 16/04/1933 Singam lyengar (Sr. ) died.