CHANNABASAVAPPA Vs. M.P. NATARAJ AND ORS.

JUDGEMENT

(1.) THESE appeals are disposed of by this common judgment, as the said appeals arise out of a common judgment of the trial court in two civil suits decided together, namely, O.S. No. 137/1995 and O.S. No. 2/2005.

(2.) THE plaintiffs in O.S. No. 2/2005 had contended that the Pontiff of Virakta Mutta, Bettadapura, had created a Trust, known as 'Sriman Niranjana Chikkaveera Deshikendraswamy Free Boarding Home Fund', as on 25.4.1927. The object of the Trust was to provide free boarding and lodging facilities to poor students of the Veerashaiva community, pursuing their studies in Mysore city. In this regard, he had endowed several items of properties under a Trust Deed and had nominated seven respectable persons of the Veerashaiva community as Trustees.

(3.) THE learned Counsel for the respondents - defendants seek to justify the judgment. More particularly, much emphasis is laid on the aspect that the suit property as well as such properties that would come into the possession of the author of the Trust were specifically dedicated to the Trust - as was evident from a reading of the Trust Deed and since admittedly, the hostel was being run in the suit schedule property till it was unlawfully usurped by the appellant - the trial court was justified in granting the reliefs as prayed for.