9911796707
TMI Blog1960 (1) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... ars of income of the property in trust for the years 1942-44 and for a direction for future payment at the rate of 160 bags of paddy per year or its equivalent i.e. ₹ 1,680. The plaintiff alleged that the property in dispute constituted a specific endowment for Kalyanotsavam of the deity and that the defendants who were trustees had committed default in carrying out the purpose of the trust. The prayer was for a decree for the recovery of expenses to Kalyanotsavam and of the feeding charges. The defence raised was that the inam was a personal grant for driving the car of the deity on the festival days and that it was not a specific trust or an endowment for the benefit of the idol. In other words it was a grant of the inam burdened wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the parties and that the prayer for declaration was only a formal relief which flowed from the allegations in the plaint. It neither involved a change of the cause of action nor did it require a fresh trial and therefore the petition for amendment was allowed by the addition of the prayer stated above. 4. In this appeal counsel for the appellant has raised three points : (1) that the suit was not maintainable (2) that the amendment should not have been allowed and (3) the grant was a personal grant to the appellants burdened with the provision for service and it was not a specific endowment. As far as the first question is concerned it has not been shown as to how the suit was not maintainable. The question of amendment, in our opinion, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the land to the grantee and "with the income therefrom he has been performing Sri. Swami Varu's Kalyanotsavam from that time". Columns 7-9 give the extent of the land. In Column 11 particulars relating to the present enjoyment are to be given and the entry was Sri Swami Varu's Kalyanotsavam. In Column 12 it was shown that the grant was revenue-free and the land was under the cultivation of Buchayya the income of which was ₹ 11 per annum. The entries show that the inam was granted as a specific endowment for the Kalyanotsavam of the deity and the amount was spent in the services of the deity. 6. The next document to be considered is a copy of the inam-fair register of May 16, 1860. The High Court finding that some ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le deed was produced and taking into consideration some admissions of the predecessors of the appellants where it was admitted that they were dharmakartas of the Kalyanotsavam and had been performing that service the High Court came to the conclusion that the inam lands in dispute were endowed for Kalyanotsavam and other purposes incidental thereto and constituted a specific trust and the appellants were trustees thereof. 7. It was urged by counsel for that appellants that the words in the inam register that the grant was to continue as long as the service is performed were indicative of the fact that the grant was not to the deity but to them individually with the added obligation of spending from out of the income on the particular servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore of the opinion that the finding of the High Court that the grant was a specific endowment for Kalyanotsavam of the deity and therefore a specific trust and not a grant to the appellant with the added obligation of spending on the service must be accepted to be correct. 8. The next question for decision is as to what portion of the income of the inam lands is to be expended on the service to the deity. The courts below are not in accord on this point. The trial court held that ₹ 200 out of the income should be adequate for the purpose and the High Court applied Cy-pres doctrine and held the whole income to be for the deity even though it exceeded the expenditure for the particular service. One of the facts which emerges from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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