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PETITIONER: NANDURI YOGANANDALAKSHMINARASIMACHARI AND ORS.
Vs.
RESPONDENT: SRI AGASTHESWARASWAMI VARU OFKOLAKALUR
DATE OF JUDGMENT: 15/01/1960
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. GAJENDRAGADKAR, P.B. GUPTA, K.C. DAS
CITATION: 1960 AIR 622 1960 SCR (2) 768 CITATOR INFO : RF 1978 SC1329 (28)
ACT: Grant-Inam-Intention-Specified charitable payments exhaus- ting income at date of grant-lntention is to denote whole income to charity-Plaint-Prayer Portion-If and when can be allowed to be amended-Documents-The interpretation Possible- Supreme Court not to intervene with view taken by the courts below.
HEADNOTE: The sole trustee of a deity in a suit prayed for a decree for the recovery of the arrears of income of a property alleging that the property in dispute constituted a specified endowment for Kalyanotsavam of the deity and the appellants who were trustees of the said property had committed default in carrying out the purpose of the trust; but there was no formal Prayer for the declaration that the said properties and income thereof formed a specific endowment for the said due performance of the services of Kalyanotsovam of the deity and feeding charges, and other expenses. The defence raised was that lnam was a personal grant burdened with service of the deity and that it was not a specific trust or an endowment for the benefit...