APPADURAI PILLAITRUST Vs. KOOTHA PILLAI FAMILY ESTATE CHARITY REP BY ITS HEREDITARY TRUSTEE S ARUMUGAM SON OF LATE G SIVAPRAKASAM

JUDGEMENT

(1.) The defendant K.Appadurai Pillai in O.S.No. 135 of 1998 on the file of the District Munsif Court, Nagapattinam, is the appellant herein.

(2.) The suit had been filed by the plaintiff S.Arumugam, sole trustee, Kootha Pillai Family Estate Charity, Nagapattinam, for a Judgment and Decree declaring that the plaintiff is the only sole trustee of Kootha Pillai Family Estate Charity entitled to collect rent and take appropriate legal proceedings against the defendant in occupation of a house property belonging to the family trust and for a direction, directing the defendant to pay the plaintiff the costs of the suit.

(3.) This suit came up for consideration before the learned District Munsif, Nagapattinam. On 05.03.1999, the suit was dismissed with costs. Thereafter, the plaintiff filed A.S.No. 151 of 1999 before the Sub Court, Nagapattinam. By Judgment dated 12.04.2000, the Appeal was allowed with costs. Challenging that Judgment, the defendant had filed the present Second Appeal.