C SUSSELA Vs. K VENKATAKRISHNA

JUDGEMENT

(1.) THIS originating summons has been taken out by the plaintiff beneficiary of a trust created under a registered will dated 29-8-1970 executed by the plaintiffs mother,the deceased K.Andalammal, who died on 21-10-1983. According to paragraph 12 of the petition, this petition is filed seeking determination of the following questions:

(2.) UNDER the said Will, the testator set apart the above said property at No.16, Peria Uthandi Street, Madras-1 for the benefit of her daughter, the plaintiff and plaintiff s children, viz., defendants 3, 4 and 5. The defendants 1 and 2 are the son and husband of another daughter of the above said Andalammal. They were appointed as trustees to hold the above-said property and the income there from in trust for the use and benefit of the plaintiff and her above said children. The will directed the said trustees to realise the rents and profits from the said property and reserve one half thereof for the payment of taxes and repair charges and apply the other half for the maintenance of the plaintiff and her children. UNDER the Will, the trustees were directed to keep account of the rents and profits from the said suit property and disbursements there from and open bank account in which the rents were to be deposited and the trustees were directed to invest the surplus of interest. Further after the life time of the plaintiff, the trustees were directed to hand over the above said property absolutely to the plaintiffs children after the last of her children attained the age of 21 years.

(3.) THE grievance of the plaintiff as shown in the plaint is that the plaintiff or her children had not received any part of the rental income of the suit property from the trustees viz., the defendants 1 and 2, ever since 21-10-1983, i.e., from the date of death of Andalammal till date, and that the defendants 1 and 2 had not rendered any account of the income and expenditure form the suit property, that the plaintiff had not received the share of the jewellary and a silver vessels, left by Andalammal and that inspite of repeated demands by the plaintiff, the said defendants failed and neglected to comply with the said demands. THE plaintiff finally caused a notice to be issued on 12-9-1987 calling upon the defendants 1 and 2 to furnish accounts and to take expeditious steps for probating the aforesaid Will, and yet the defendants 1 and 2 have not complied with the demands.