NALINI Vs. RADHA BALAKRISHNAN

JUDGEMENT

(1.) 'Guruvayurappan' - the presiding deity of Guruvayur Temple - is worshiped as Shri Krishna in his child form and 'Udayasthamana Puja' ('puja' for short) is an offering from dawn to dusk performed by devotees. It was the wish of Raman Nambiar (the testator for short) that puja be performed even after his death on his birthday which falls on the Malayalam month of Makaram every year. The testator provided in his Will (marked Ext.A1) that a very small portion of the income from the property devised be utilised for the puja by the legatee and her children.

(2.) The stipulations in Ext.A1 Will are the following:

(3.) The plaintiffs and defendants 2 to 5 are the children born to Janaki Amma in her first husband and the first defendant is her daughter born in her second husband and the plaint schedule property is that taken in Ext.A1 Will. It appears that a portion of the property was the subject matter of land acquisition which gave rise to L.A.R. No. 66/2006 for apportionment of the compensation. L.A.A. No. 267/2014 filed therefrom is disposed of today by a separate judgment and it is conceded that the execution of Ext.A1 Will has been accepted by the parties therein. Only the construction of Ext.A1 Will arises for consideration in this Regular First Appeal filed by the plaintiffs against the decree of the court below dismissing the suit. The court below has held that the testator has created a religious endowment by Ext.A1 Will and that the plaintiffs and defendants who are therefore trustees can only file a suit for settlement of scheme.