ANGAMUTHU Vs. K PUGAZHENDI

JUDGEMENT

(1.) DEFENDANT No. 12 in O.S. No. 234 of 1975 on the file of the Subordinate Judge, Karur is the appellant.

(2.) TWO schedules of properties (A & B) are attached to the plaint. All these items belong to one Periasamy Muthariar who executed the original of Ex. A.1 will on 17.3.1949. In this case we are concerned only with the "B" schedule items in the Will which is described as "D" schedule item.

(3.) AGGRIEVED by the judgment, the plaintiff preferred A.S. No. 1 of 1979 on the file of the Additional District Judge, Trichy. The lower Appellate Court reversed the finding of the trial Court and came to the conclusion that there was a bona fide intention on the part of the testator to dedicate the property for charities and subsequent conduct is not warranted to consider or to interpret the document.