Chennai Court October 1897 Judgments

Ganapati Ayyan and anr. Vs. Savithri Ammal and anr.

Court: Chennai

Reported in: (1898)ILR21Mad10

Shephard, J.1. After deciding all the other issues in the appellants' favour, the Subordinate Judge dismissed the suit on she ground that they had failed to prove such an interest in the subject-matter as to entitle them to maintain it. It is first to be observed that this point was not taken in the written statement and was not included in any of the thirteen issues, though it was taken and overruled in the proceedings before the Collector when sanction to prosecute the suit was asked for and granted to the plaintiffs. It has been repeatedly held in this country that such a suit as the present may be instituted by any member of the class intended to be benefited by the charity for the support and preservation of which the aid of the Court is invoked. According to the document which evidences the institution of the charity the class for which it was intended comprised Brahmans generally. The document does not restrict the charity to any particular sect, nor does, the oral evidence show...