MENAKURU DASARATHARAMI REDDI Vs. DUDAUKURU SUBBA RAO

JUDGEMENT

(1.) 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.

(2.) In the plaint, it was alleged that one Purushottam had been earning and purchasing large properties and endowing and dedicating them for public charitable purpose since 1896. In about 1919 Purushottam who had then become old wanted to place the charities which he had been till then personally administering on a permanent and enduring basis. That is why he executed and registered a deed of trust on 17th March 1919. By this document, a trust in respect of his properties was created and three trustee were appointed to administer the trust. Purushottam himself was one of these trustees and two advocates, Mr. Reballa Subbarayudu and Mr. C. Viswanadha Rao, were his co-trustees.

(3.) At the date of this suit both Purushottam and his son Ramakrishnayya were dead. Ramakishnayya's son Ramalingeswara Rao was therefore impleaded as defendant 1. A large number of defendants had to be impleaded to the suit because the properties had been alienated both by Ramakrishnayya and Ramalingeswara Rao to several purchasers. Defendants 47 and 48 were two of such purchasers.