Supreme Court · 1969 INSC 229 · Decided 9 September 1969
N. S. Rajabathar Mudaliar v. M. S. Vadivelu Mudaliar & ORS.
- Court
- Supreme Court of India
- Citation
- 1969 INSC 229 · [1970] 2 S.C.R. 299
- Case number
- CIVIL APPEAL No. 1796/1966
- Decided
- 9 September 1969
- Bench
- VISHISHTHA BHARGAVA, K.S. HEGDE, A.N. RAY (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Tru.'llt-Dominant purpose whether maintenance of faniily or charity­ Construction of deed-Cy·pres doctrine-Applicability <lf. The great.grandfather of the appellant executed a trust-deed in respect of certain properties. The trustees were enjoined to apply the. income of the trust of the settlor and his family and descendants. The appellant filed a suit to enforce his rights under the trust and the trial court granted him maintenance to the extent of Rs. 501- per mensem out of the trust properties instead of the sum of Rs. JO/. allowed under the trust deed. In appeal,
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