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PETITIONER: MENAKURU DASARATHARAMI REDDI
Vs.
RESPONDENT: DUDDUKURU SUBBA RAO
DATE OF JUDGMENT: 10/05/1957
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. DAS, SUDHI RANJAN (CJ) IMAM, SYED JAFFER SARKAR, A.K.
CITATION: 1957 AIR 797 1957 SCR 1122
ACT: Hindu Law--Charitable Endowment-Compromise decree-- Construction-Trust or charge-Intention of the donor-Test.
HEADNOTE: A Hindu father executed a registered deed of trust giving away his properties to public charities and appointed himself and two others as trustees. The son in assertion by his right to a moiety share therein started to alienate them. There was litigation between the trustees and the son which ultimately ended in a compromise decree for partition between the father and the son, the two other trustees having retired pending litigation. After the death of both the father and the son a suit was brought under 1123 S. 92 of the Code of Civil Procedure for the framing of a scheme for the administration of the trust. The trial court held that the trust deed had been substituted by the compromise decree which itself created a trust and decreed the suit on that basis. On appeal by two of the defendants who were transferees in possession of some of the properties in suit, the High Court affirmed the decision of the trial court holding that the compromise decree created a trust fo...