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Sennayan Chetty Vs. Sinnappan Servai - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.901; (1910)20MLJ654
AppellantSennayan Chetty
RespondentSinnappan Servai
Excerpt:
religious endowments - non-hereditary office--release to next man entitled is invalid. - 1. the only provision in the partition-deed, exhibit a, as to the devolution of the trusteeship, is that 'after the life-time of the aforesaid venkataraman chetti the senior-most member for the time being shall manage the properties endowed.' there is no provision for the renunciation of the trusteeship by venkataraman chettiar and for the appointment by him of his successor. it does not appear from exhibit a that this is a case of hereditary trusteeship.2. the second appeal is dismissed with costs.
Judgment:

1. The only provision in the partition-deed, Exhibit A, as to the devolution of the trusteeship, is that 'after the life-time of the aforesaid Venkataraman Chetti the senior-most member for the time being shall manage the properties endowed.' There is no provision for the renunciation of the trusteeship by Venkataraman Chettiar and for the appointment by him of his successor. It does not appear from Exhibit A that this is a case of hereditary trusteeship.

2. The second appeal is dismissed with costs.


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