Decided on November 18,1952

Perla Annapurnamma Garu And Anr. Appellant
Collector Of Vizagapatam Representing The Provincial Government Of Madras Respondents


Rajamannar, C.J. - (1.) THESE three appeals arise out of three suits between the same parties which were tried together and disposed of by the learned District Judge of Vizagapatam by a common judgment dated 11 -12 -1947. The appellant was the defendant in all the three suits; the respondent, the Collector of Vizagapatam, was the plaintiff. The appellant is the widow of one Perla Ramamurthi Chetty, who died on 2 -11 -1918, leaving behind him his widow, the appellant, and a daughter, and, also his last will and testament dated 1 -11 -1918. In and by this will, he appointed the appellant as the sole executrix. In these appeals, we are only concerned with three clauses in the will which contain certain charitable bequests. They are as follows: "1. Out of my property Rs. 50,000 worth Immovable property i.e., lands fetching Rs. 2000 annually should be allotted to the choultry run by me as an endowment. A proper trust deed should be executed to my wife. From the income of these lands, the aforesaid choultry should be properly run as is being done by me hereinafter permanently. The house and Dabarakotulu should be dedicated to the choultry permanently.
(2.) OUT of my property a sum of Rs. 25,000 should be spent for acquiring a site near the railway station and a rest house should be built for the travellers. Out of my property a sum of Rs. 25,000 should be spent for starting school for industrial education or by giving scholarships for encouraging such education." Though the defendant -appellant entered upon her duties as executrix under the will, it is common ground that the bequests of Rs. 50,000/ -, Rs. 25,000 and Rs. 25,000 to the three charitable objects have not been given effect to, by payment of the monies or otherwise. The appellant states that she has been properly running the choultry, and her counsel has stated before us that the house and Dabarakotlu may be declared to be dedicated to the said choultry. 2. In O. S. No. 2 of 1944 on the file of the District Judge of Vizagapatam, which was a suit filed by one Perla Satteyya Chetti who claimed to be the adopted son of the deceased Perla Ramamurthi Chetty against the appellant and certain others for an account of their management of the properties left by h:'s adoptive father during his minority, the learned District Judge referring to the charitable bequests above mentioned made certain remarks which were responsible for the institution of the present suits. The learned Judge said: "I have purposely reproduced the terms of the will to show that in regard to one lakh of rupees provided for public charities the plaintiff and defendants have been successfully managing to avoid giving effect to the terms of the will .....Therefore a copy of this judgment will be forwarded to the District Collector, Vizagapatam with a direction to take action under Section 92, Civil P. C., in consultation with the Government Pleader who is incidentally, the advocate for defendant 1 & who in his capacity as Government Pleader states at the Bar that this Is the proper procedure in regard to these unexecuted public charities." 3. The Collector of Vizagapatam thereupon instituted the three suits out of which these appeals arise in the District Court of Vizagapatam under Sections 92 and 93, C.P.C. O. S. No. 18 of 1946 related to the bequest of Rs. 25,000 for an industrial school, O. S. No. 20 of 1946 related to the bequest of Rs. 25,000 for building a rest house near the railway station, and O. S. No. 19 of 1946 related to the bequest of Rs. 50,000 for the maintenance of the choultry founded by the testator. The three plaints contained similar allegations, namely, that the appellant who must be deemed to be a specific trustee for the public trusts and charities under the will did not give effect to, or carry out, the same and has thus violated the objects of the trust. The prayer in each of the suits was for a decree directing the defendant to pay the respective sums of money bequeathed to the three charities to the plaintiff, the Collector, or to the trustees appointed as per the scheme to be settled by the Court for giving effect to the testator's directions in regard to the utilisation of the amount. The plaintiff also specifically prayed for the framing of a scheme for the management of the respective trusts.
(3.) THE main plea in defence was that the suits were not maintainable because the administration of the estate has not been completed and therefore there were no completed trusts which could Justify action under Section 92, C. P.C. The learned District Judge overruled the objections raised by the appellant and proceeded to frame a scheme for the administration of the three different trusts. In the decrees which he passed in each of the three suits, we find a clause directing the defendant -appellant to pay the monies or to allot and to convey the properties in accordance with the provisions in the will relating to the respective trusts. The scheme contains provisions for the administration of the trust including the appointment of three trustees.;

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