VADIVELU MUDALIAR Vs. C.N. KUPPUSWAMI MUDALIAR

JUDGEMENT

(1.) THE appellant who claims to be the eldest male heir to the founder of a trust, filed the suit for a declaration that he is entitled to -administer the trust created by his forefathers and for possession of the suit properties from the defendants to administer the trust as trustee. The suit was. dismissed by the learned Subordinate Judge, Chingleput. Hence the appeal.

(2.) TO appreciate the facts and the contentions raised by the parties in this appeal, it is necessary to note the following pedigree:

(3.) ARUNACHALA was a pious and charitably minded man. During his life time, he built a choultry in Tiruttani and a Vinayagar temple and choultry ia Greanspet, Ghittoor. He was also performing several charities. He constructed a house in Arkonam, the income from which was meant to be utilised for the performance of the charities and religious rites. As he was issueless, he proposed to adopt a boy from the family. He executed a will on 1st May, 189& (Exhibit A -1) bequeathing certain properties absolutely to the boy proposed to be adopted by him and creating a trust in respect of the charities performed by him by setting apart certain specific properties for the performance of such charities. He also appointed executors 10 administer the properties after his death. He died in 1898.