- (1.) Plaintiffs - appellants filed a Suit O.S. No.170 of 1981 on the file of District Munsif, Sholinghur to direct to deliver possession of trust properties to the plaintiffs/beneficiaries in pursuance to the Judgment in O.S. No.44/1912 on the file of Sub Court, North Arcot District at Chittoor. Certain other reliefs were also sought for. After contest, the Suit was decreed in the Trial Court.
(2.) The appeal filed by the unsuccessful defendants Nos.3, 4, 9, 21 and 22 in O.S. No.106/1986 on the file of District Court, Vellore was transferred and re-numbered as Tr. Appeal No.11 of 1993 before the learned Single Judge of the High Court. Learned Single Judge confirmed the Judgment and Decree of the Trial Court. As against the same, unsuccessful defendants approached the Division bench of the High Court of Judicature at Madras in L.P.A. No.24 of 2000 came to be allowed on 6-3-2004 and consequently suit is dismissed. Said Judgment is questioned in this appeal.
(3.) Plaintiffs case is that the Suit schedule properties originally belonged to one Velliagaram Alwar Chettiar son of Muniappa Chattiar. Muniappa Chattiar, during his life time, arranged daily supply of flowers to the temples. His son Velliagaram Alwar Chettiar with the desire to perpetuate this charity of supply of flowers to the deities in the plaintiffs temple and for arranging daily distribution of cooked rice to Desanthiries and indigent persons, by executing a Deed of Declaration of Trust dated 19-1-1898 created specific endowment for these objects. The Trusties nominated by the author of the trust did not cooperate. However, Alwar Chettiar himself carried on Trust as before as contemplated in the Deed of Declaration. It seems the trust deed was cancelled subsequently for want of cooperation by the nominated trustees.;