RAVANNA KOOVANNA KARUPPANNAN AMBALAM Vs. VANA PANA TIRUMALAI AMBALAM

JUDGEMENT

(1.) THE decision of this appeal turns upon the true interpretation of a settlement deed, Ex. A-1, executed by one Nallamuthu Ambalam. The first respondent to this appeal brought the suit, as plaintiff, in his capacity as managing trustee of the poolampatti Nallamuthu Ambalam Samadhi Nandavanam Trust for recovery of possession of the plaint mentioned properties with mesne profits.

(2.) THE first defendant to the suit, who is the first appellant before us, along with defendants 4, 5 and 6 who are also co-appellants, it was alleged, trespassed upon items 11 to 19 of the plaint-schedule sometime in, 1951 and upon item 1 some time in August 1953. Defendants 2 and 3 were appointed trustees along with the first respondent by the settlement deed of Nallamuthu Ambalam executed on 3-31950. The deed was registered on 10-3-1950. Nallamuthu Ambalam died on 24-31950. Nallamuthu Ambalam had no near relations or issue except his wife ayyammal. By the settlement deed he gave a life estate to his wife Ayyammal over items 1 to 4 and dedicated the remainder in items 1 to 4 and the whole of items 5 to 19 for the following objects, (1) The construction of a samadhi with nandavanam for himself after his death (2) for maintenance of the samadhi by fighting it every day, offering camphor and incense on every Tuesday and Friday, and offering naivedyam at the samadhi on seven days in the year, and (3) to provide funds for the food and education of poor pupils. The first respondent was appointed managing trustee for his life and provision was made in the trust deed for succession to the office of both managing trustee and trustees according to the hereditary principle. one item of property described in schedule B to the settlement deed was given to the first appellant on condition that he should perform the funeral ceremonies of Nallamuthu Ambalam and his wife. Two other relations of Nallamuthu Ambalam were indicated as the donees of this gift in case the first appellant refused to perform the funeral ceremonies.

(3.) ACCORDING to the tenor of the settlement deed, the managing trustee was given immediate possession of a portion of the dwelling house of Nallamuthu Ambalam, item No. 1 and the properties dedicated to the trust described in schedule C to the settlement deed. By the time the plaint in this case was filed the widow of nallamuthu Ambalam had died and it was alleged that the managing trustee had taken possession of the four items of properties given to the widow under schedule A to the settlement deed. Soon after the alleged trespass by the first appellant the matter was reported to the police and S. 145 proceedings were started before the Additional First Class Magistrate, Madurai, in which an order was passed restoring possession to the managing trustee. , it was alleged in the plaint that even after this order there was trespass committed by the first appellant and hence the suit.