K SWAMINATHA AIYAR Vs. SMCTRAMASWAMI CHETTIAR

JUDGEMENT

(1.) This appeal arises out of a suit filed by the 1 and 2nd plaintiffs who are the trustees of Sri Jambukeswaraswami (sic) against the defendants for possession of the properties mentioned in Schedule A which according to the plaintiffs were dedicated by one Karuppanna Pillai towards a Kattalai known as the Dadhyodana Kattalai under a deed Ex. C dated the 4th July, 1891. The deed Ex. C was executed by Karuppanna Pillai whereby he constituted himself as the first trustee, made provisions for the succeeding trustees, gave the properties mentioned in the deed towards this Kattalai and gave also the particulars as to the expenses that are to be incurred, The material portions so far as it concerns this appeal are in paras. 4, 5 and 7 of the deed. Paragraph 4 runs as follows: "Subsequent to my death, my son Subramania Pillai of Tiruvannallur and (3) Devaroya Pillai son of Muthia Pillai of Omandur, Musiri Taluk--these three shall either unanimously, or a majority of them, enjoy the properties as managing members and shall out of the income thereof, conduct the charity permanently in the manner before mentioned".

(2.) Paragraph No. 5 runs as follows:--"Neither myself nor the managing members of the charity who shall be conducting the charity shall have any right to alienate the same in any manner such as hypothecation, othi, sale, gift, etc. Should any such alienation be made, it shall not be valid. But myself and those that succeed me as managing members shall have the right to sell the same only if other properties of value equivalent to these charity properties are available and if the income out of such other properties is likely to exceed that of these properties and to buy with the sale proceeds, such other properties for the above charity."

(3.) Paragraph 7 runs as follows:--"Some of my relations have asked me for a site to construct a choultry to conduct feeding there and I have promised to so give. In the event of their asking for such site the ground in the spot in item No. 1 below, to the east of the north to the south bazaars in the eastern side of the trunkroad shall be handed over. After my death, the managing member of the choultry, after it is built, shall also join in the management and conduct of the present charity with the managers that succeed me. Should the managers above referred to, neglect the management, the supervisor of the Devasthanam should also join in the management and conduct it either unanimously with them, or by a majority".