R VAIDYANATHA AYYAR Vs. SWAMINATHA AYYAR

JUDGEMENT

(1.) These are consolidated appeals by defendants in a suit No. 1 of 1916 from two decrees, dated November 13, 1919, of the High Court at Madras, which affirmed with a trifling variation as to some property claimed, a preliminary decree dated April 15, 1918, and a final decree, dated September 30, 1918, of the Subordinate Judge of Kumbakonam.

(2.) The suit relates to a chatram, also called a choultry, at Kumbakonam, and property alleged to be endowed property of the chatram. The chatram is now known as Kalyanarama Ayyar's chatram. Formerly it was known as Rajappa Ayyar's chatram. Two Brahamins were the plaintiffs. Since the suit was in appeal in the High Court one of the plaintiffs died; his legal representative is now on the record and is one of the respondents.

(3.) The plaintiffs on November 13, 1916, brought this suit and claimed a declaration that the chatram was a public charitable institution having the properties mentioned in Schedule B of the plaint and seven, ninths of the properties mentioned in Schedules C to F as endowments; a declaration that the defendants are not lawfully appointed trustees and are not entitled to any right to the management and administration of the institution or in the properties belonging to it; that the defendants be removed from the office; that fit and proper persons be appointed trustees for the administration of the trust and that the chatram and the properties belonging to it be vested in them; that a scheme for the administration of the trust be settled and other reliefs. The case of the plaintiffs was that the chatram was a public chatram, which had been founded and dedicated to the public mote than sixty years before suit as a charitable institution for the convenience of travellers as a halting place and for the feeding of poor Brahmins resorting to it. The plaintiffs had obtained under Section 92 of the Code of Civil Procedure, 1908, the consent in writing of the Advocate-General to their institution of the suit.