SELVA VINAYAGAR KOIL Vs. NAGASUNDARAM

JUDGEMENT

(1.) THE plaintiffs in C.S.No.273 of 1994 are the appellants herein. THE suit was filed for (i) declaration that the appellant temple is the absolute owner of the property described in the schedule of the plaint and for consequential permanent injunction against the respondents 1 to 3 restraining them from dealing with the property in any manner, (ii) directing the respondents 1 to 3 to submit the accounts for the collection of rents from the suit property from 17.11.1993 till the date of delivery of possession, and (iii) directing the respondents to quit and deliver the vacant possession of the property.

(2.) THE claim of the appellants is that originally the suit property belonged to one Ramalinga Chettiar. He executed a trust deed on 13.2.1919, which is marked as Ex.P1 in the suit. Under the said trust deed, the owner of the property Ramalinga Chettiar appointed 5 persons as trustees with a direction to distribute the income from out of the suit property as follows:

(3.) THE only contention of the learned counsel for the appellants is that a reading of the trust deed, marked as Ex.P1, clearly reveals that the intention of the author of the trust is that there is an absolute vesting of the property with the temple after the death of his daughter. When in unequivocal terms the author of the trust specified the vesting of the property with the temple, the finding of the learned Judge cannot be sustained.