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Venkatachella Mitdaly Vs. Arunachella Mudaly and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in25Ind.Cas.80
AppellantVenkatachella Mitdaly
RespondentArunachella Mudaly and ors.
Excerpt:
public charities - trust created by non-resident foreigner--trust properly in british india--succession by foreigner. - - 1. the plaintiff in this case claims to be the hereditary trustee for public charitable purposes of certain property in british india under the terms of a deed of trust created by his ancestor, who like the plaintiff was a non-resident foreigner......was a non-resident foreigner. the. district judge has dismissed the suit on the ground that the plaintiff is a non-resident foreigner and so disqualified. no authority has been cited before us to show that there is any such disqualification in the case of a public charitable trust which does not come within the terms of the indian trusts act, and we think there is no ground for holding that a hindu is incapable of succeeding to the office of hereditary trustee of property situated in british india merely on the ground that he resides outside british india. the decree is set aside and the suit remanded for disposal according to law. respondents will pay the costs of the appeal.
Judgment:

1. The plaintiff in this case claims to be the hereditary trustee for public charitable purposes of certain property in British India under the terms of a deed of trust created by his ancestor, who like the plaintiff was a non-resident foreigner. The. District Judge has dismissed the suit on the ground that the plaintiff is a non-resident foreigner and so disqualified. No authority has been cited before us to show that there is any such disqualification in the case of a public charitable trust which does not come within the terms of the Indian Trusts Act, and we think there is no ground for holding that a Hindu is incapable of succeeding to the office of hereditary trustee of property situated in British India merely on the ground that he resides outside British India. The decree is set aside and the suit remanded for disposal according to law. Respondents will pay the costs of the appeal.


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