- (1.) This appeal is from the Judgment of High Court at Madras 6, February, 1964 dismissing the appellant's suit.
(2.) The important question which falls for consideration is whether the deed of trust dated 1 January, 1908 created an absolute dedication to charity subject only to a charge for the payment of maintenance to the members of the founder's family or whether the dominant intention of the founder was the maintenance of the family and the grant to the charities was secondary.
(3.) The trust deed was executed on 1 January, 1908 by S. D. Mudaliar in favor of himself, A. P. M. Mudaliar, M. T. S. Mudaliar and C. V. S. Mudaliar. S. D. Mudaliar and his predeceased son D. S. Mudaliar's adopted son S. Mudaliar effected a deed of partition dated 25th November, 1907 in respect of the immovable and movable properties. By the said deed of partition S. D. Mudaliar the settlor of the deed of trust obtained the property forming the subject-matter of the said trust deed. The founder dedicated the said property by the deed of trust to the trustees. The trustees were the settlor and three other Mudaliars, viz., A. P. M. Mudaliar, M. T. S. Mudaliar and C. V. S. Mudaliar.;