N SRIPADMANABHA NADAR Vs. P RAMALINGA NADAR

JUDGEMENT

(1.) THE unsuccessful first defendant before the courts below has preferred this Letters Patent Appeal challenging the judgment and decree passed in A.S. No. 1150 of 1979 rendered by a learned single Judge of this court.

(2.) THE brief facts which are necessary for the disposal of the appeal are as follows:?

(3.) AS against the said decree, the first defendant/appellant preferred the first appeal before this court in A.S. No. 1150 of 1979 challenging the findings of the trial Judge. The learned single Judge of this Court on a careful consideration of the relevant materials, while accepting the contention of the respondents that the appellant was not validly appointed trustee, upheld the finding of the trial court that the appellant had rendered himself liable to be removed as he denied the trust and the trust character of the properties belonging to the trust. The learned single Judge also came to the conclusion that it is no longer safe in the interest of the trust estate and also the temple and the welfare of the beneficiaries to allow the management to continue in the hands of the appellant and consequently dismissed the appeal with costs holding that no interference with the judgment of the trial court is called for. Only in these circumstances, the Letters Patent Appeal has been filed.