PERLA ANNAPURNAMMA GARU AND ANR. Vs. COLLECTOR OF VIZAGAPATAM REPRESENTING THE PROVINCIAL GOVERNMENT OF MADRAS

JUDGEMENT

(1.) THESE three appeals arise out of three suits between the same parties which were tried together and disposed of by the learned District Judge of Vizagapatam by a common judgment dated 11 -12 -1947. The appellant was the defendant in all the three suits; the respondent, the Collector of Vizagapatam, was the plaintiff. The appellant is the widow of one Perla Ramamurthi Chetty, who died on 2 -11 -1918, leaving behind him his widow, the appellant, and a daughter, and, also his last will and testament dated 1 -11 -1918. In and by this will, he appointed the appellant as the sole executrix. In these appeals, we are only concerned with three clauses in the will which contain certain charitable bequests. They are as follows:

(2.) OUT of my property a sum of Rs. 25,000 should be spent for acquiring a site near the railway station and a rest house should be built for the travellers.

(3.) THE main plea in defence was that the suits were not maintainable because the administration of the estate has not been completed and therefore there were no completed trusts which could Justify action under Section 92, C. P.C.