A SWAMINATHAN Vs. OFFICIAL TRUSTEE OF MADRAS

JUDGEMENT

(1.) THESE two original side appeals arise out of the order dated 11.7.1986Application No.5441 of 1985 in C.S.No.88 of 1970 on the file of this Court. O.S.ANo.211 1986 is by the applicants therein against the dismissal of the said application O.S.ANo.262 of 1986 is by the 1st respondent-Officiar Trustee therein. This latter appeal only against the disallowance of cost, while dismissing the abovesaid application (hereafter the term " appellants " would refer to the appellants in O.S.A.No.211 of 1986).

(2.) THE abovesaid application is for appropriate directions to apportion the suit properties between the private beneficiaries and public charities as per their respective shares.

(3.) BY Will dated 10.9.1958, the founder appointed her near relation B.Y.Narayanayya as trustee to administer the trust after her death and gave him one of her abovesaid shares as remunera- tion for his services. She bequeathed her other share for certain public charities. She died on 12.9.1958 and then, the abovesaid Narayanayya took up management of the trust.