KALABARIGA SIVAMMA Vs. RAVIKANTY VENKATRAMANA MOORTHY

JUDGEMENT

(1.) The plaintiff asks for a declaration that he, as heir of his father, is entitled to the trusteeship of a certain temple. It is alleged that the father has resigned his trusteeship and that the plaintiff is, therefore, entitled to succeed through the father is still alive.

(2.) The defendant in the suit is the daughter of Reddi Puntulu, who was appointed trustee by the founder of the trust, who vested the trusteeship in him as an estate of inheritance. This Reddi Puntulu left him surviving a widow, who is still alive and also other daughters besides the defendant who are also still alive. He, however, appointed his daughter's son, the plaintiff's father, by Will to be his successor.

(3.) The plaintiff's right will depend upon the effect of the alleged resignation by his father, whether in the life-time of his father the plaintiff can succeed, and whether the father himself acquired a title by prescription which would descend upon his heirs.