ROOP LAUL Vs. LAKSHMI DOSS

JUDGEMENT

(1.) The plaintiffs Nos. 1 to 4 are the sons of one Muni Lall deceased and the fifth and sixth plaintiffs are the widow and minor daughter of a deceased son of the first plaintiff. Muni Lall was the illegitimate son of Kundun Lall, the paternal uncle of the defendant's adoptive fattier Rajah Easwara Doss. Mukund Lall, the grandfather and Teekumchand father of Easwara Dose, and Kundau Lall were Sowears and apparently successful in their profession. Easwara Doss was certainly so and he died possessed of considerable property. The defendant (Lakshmi Doss) when quite a boy was adopted about the year 1873 or 1874 and continued to live with his adoptive father down to the time of the latter's death in 1900 and succeeded to the estate as the solo surviving member of the family.

(2.) The plaintiffs seek to establish their right to a monthly payment of Rs. 35, out of certain alleged trust properties in the hands of the defendant, and for arrears thereof. The sustainability of this claim depends upon the effect, if any, to be given to the registered instrument bearing date the 28 January 1887 described as a settlement and executed by Easwara Dossi and the defendant.

(3.) The instrument, which is in English having been drawn up by Messrs. Br.an.sou & Branson, the solicitors of thu family of Easwara Doss, is a long document containing much dotailod provision with reference to the matters dealt with by it. For the present purpose it is not necessary to summarise them all. It is sufficient to state the following. It recites that the grandfather of Easwara I Joss (who died about 1826) originated certain charities and set apart for the purpose a fund of Rs. 2,000; that the fund accumulated to Rs. 20,000 at the death of the father of Easwara Doss; that certain sites ware acquired in Triplicane by Kundan Lall and Easwara Doss for the purpose of erecting a temple to be devoted to the worship of Siva, buildings were constructed thereon and a temple called Camacala Cameswara Swamy Temple was established about 35 years previously with quarters for the occupation of persons rendering service in the temple; that the institution with its said appurtenances has since been maintained; that disbursements have also been made for the performance of a festival in the well-known shrine of Sree Parthasaradhy in the same suburb of Madras as also in the temple in Tiruvallur; that a rest-house for the accommodation of Hindustani Brahmins travelling from the Deccan was likewise established and has been maintained, Sadavarthi or rations being distributed to such travellers; that certain payments out of the trust funds by way of annuities to dependents of the family were being made as directed by the father of Easwara Doss; that when Easwara Doss uncle died about 1860 the trust funds had increased to a little over a lakh of rupees; that the same came up at the date of the instrument to about a lakh and fifty thousand; and that it was agreed between the parties to the instrument that the trust properties should be separated from other properties held by the parties and a regular settlement in the matter made. The instrument provides a detailed scheme for the future maintenance and administration of the charities and trusts and for the appointment of a trustee and of a Dharmakartha or Manager under the trustee. It enumerates the powers and duties of the two office-holders, respectively, gives directions as to the terms and conditions as to the disbursement, duration and lapse of the annuities with other details connected with the various matters and concludes with three schedules, schedule A specifying the trust properties as they stood at the time, schedule B, the scale of expenditure to be made in connection with the temple, choultry, etc., and schedule C the scale of payments to the annuitants.