KOLICHERLA SESHACHARLU Vs. VIDWAN RAMANUJACHARULU

JUDGEMENT

(1.) The question raised in this Second appeal is whether the properties involved in the suit, a house and lands, are trust properties dedicated to a charitable trust. The suit was instituted by the plaintiffs as representatives of the Sri Vaishnava Brahmins who are claimed to be the beneficiaries under the said trust to have it declared that a decree obtained by defendant 2 against defendant 1 in O.S. No. 354 of 1930 on the file of the Tirupathi District Munsif's Court on the foot of a mortgage of the suit property executed by defendant 1 is not binding on the trust. The trust mentioned in the plaint is the feeding of Brahmins or Brahmin pilgrims that assemble in Tiruchanur near Tirupati during the Brahmotsavam festival of Sri Padmavati Thayarammal. The said trust is alleged to have been founded in the year 1914 by the disciples of defendant 1 who is an acharya or guru, and defendant 1 constituted a trustee. Both the lower Courts have negatived the plaintiffs claim on the ground that the plaintiffs have not proved that there was any trust as alleged by them.

(2.) There is no deed evidencing any such trust, nor has any oral evidence been let in on which any trust can be found. The only evidence relied on are the two sale deeds under which the suit properties were purchased and the evidence of P.Ws. 2 and 3. Ex. B is a deed dated 9 January 1914 evidencing the purchase of a house by defendant 1 for a sum of Rs. 3,000. The relevant recitals therein are as follows: As you wanted the house for the use of Thadiaradhana to Vaishnavas conducted by you at the time of Brahmotsavam every year, I have sold this day to you for Rs. 2,000. Having sold the property to you, I have received from your Sishya Narayanaswami Chetti, the sale price which he made dattam to you for the performance of the said charitable object.

(3.) Ex. A is a sale deed dated 4 March 1914 of certain lands in Padi village. The relevant recitals therein are as follows: Having sold to you this day for Rs. 1,500 I have received in full the amount of sale consideration being the amount which was gifted to yon by Narayanaswami Chetti as the agent of you disciples . . . for the purchase of feeding the Desantra Brahmins at the time of the Brahmotsavam of Sri Padmavati Thayaralu Varu at Tiruchanur.