- (1.) WE find no reason to interfere with the impugned judgment of the High Court. All the same we make it clear that the Will dated 23.2.1977 executed by C.M. Sriramulu in favour of C.M. Narasimalu Naidu and the sale deed dated 3.5.1985 executed by Narasimalu Naidu in favour of Mangalakshmi @ Mahalakshmi have no legal sanctity and are declared as void.
(2.) THE suit property is an ancestral property in which the body of the father of Chinnasamy Naidu was buried, monument erected and Samadhi created. To maintain the said Samadhi, the said Chinnasamy Naidu formed a Trust dedicating the suit property to the said Trust. After the death of Naidu and his wife, C.M. Sriramulu - son of his sister Krishnammal had managed the suit property. Sriramulu Naidu executed a Will dated 23.2.1977 in favour of Narasimalu Naidu, who executed the sale deed dated 1985 in favour of the defendant. 3. We have gone through the Will executed on 23.2.1977 by C.M. Sriramulu Naidu and the Will dated 18.4.1906 executed by Gajjalu Chinnasamy Naidu. Clause 13 of the Will of 1906 is extracted hereunder: "I direct that the income from the land at Kummaimpet where my father 's monument is erected, be dedicated in perpetuity for the maintenance and upkeep of the land and the monument situated therein. The management of the land and the spending of the income shall vest, after the life-time my wife, in the executors I have herein before mentioned. After the management passes out of the hands of the executors i.e. after the death of my mother surviving my wife, any one of my sister 's sons who get my property shall look after it. If all of them fail to discharge the trust satisfactorily or decline the trust the trust shall devolve upon the trustees of Sathyavarthani Free Library in consideration of the bequests I have made in its favour in Clauses 10 and 12. Any surplus from the income of the land mentioned in this clause shall, after meeting the repairing charges of the monument, the upkeep of the land, and the payment of the public charges therefor be used for any charitable purpose. "
(3.) AS per the Will, it is stated in Clause 13 that the management of the land and the spending of the income shall vest, after the life-time of wife of Gajjala Chinnaswami Naidu, in the executors mentioned therein. Further, it is also stated therein that after the death of mother of Gajjala Chinnaswami Naidu surviving his wife Thayarammal, any of the sister 's son, who would get the property shall look after it. It is also made clear that if any of them fail to discharge the trust satisfactorily or decline the trust, the trust shall devolve upon the trustees of Sathyavarthani Free Library in consideration of the bequests he had made in its favour in Clauses 10 and 12.;