M L LAKSHMI BAI NANIAMMA Vs. KENDAGANNA SWAMY

JUDGEMENT

(1.) though this case was heard and reserved for orders, for certain clarification it was posted for further arguments. Further arguments heard.

(2.) the petitioners herein have challenged the order dated 28-3-1990 passed by the prl. District judge, Mysore in ex. Case No. 68/87, overruling the objections filed by the judgment debtors and ordering issue of delivery warrant for the delivery of the property to the decree-holder.

(3.) to appreciate the contentions urged in this case the facts in belief maybe stated thus : one chikkaranojappa had given the suit schedule property, namely, 'ranappa choultry' for charitable purposes. The property was given for the benefit of the public at large for the use of the pilgrims and public. The income derived from the said property was being utilised for feeding the devotees in nanjangud. Thus a public charitable trust was created during his lifetime and a settlement deed also came into existence amongst his heirs wherein there is a recital that the property in question has been given for charitable purposes and he also appointed trustees M/s. Lakshmanna alias nanappa, seenappa and krishnoji rao to manage the affairs of the choultry. Chikkaranojappa had a son by name kendaganna swamy and he filed a suit in o.s. 42/48-49 and his wife seethabayamma, represented kendaganna swamy as next friend in the suit. In the said suit there was a compromise decree. Condition No. 1 (b) in the said compromise decree reads thus :