Court : Chennai
Decided on : Jan-06-1904
Reported in : (1904)1MLJ105
S. Subrahmania Aiyar, Officiating C.J.1. The plaint mentioned mutts, Bhandarkare in South Canara and Bhimasetu in Mysore Territory, are two ancient mutts presided over by Swamis or ascetic heads of the Madhwa persuasion. The case of the plaintiff--a minor--is that the two mutts are dwandva or interdependent mutts, the Swami of each being entitled to appoint to the other, in the event of the Swami of either dying without having appointed and leaving a successor, or a vacancy otherwise occurring; that; he was appointed as the head of Bhandarkare Mutt by the present Swami of Bhimasetu Mutt on the death of one Vidyasamudra, who had been ordained and appointed by the 1st defendant the deceased Swami of Bhandarkare Mutt as his junior before he (the 1st defendant) became and was, on inquisition under Act XXXV of 1858, found to be a lunatic.2. The argument on the plaintiff's behalf in the appeal was that the 1st defendant as Swami was in the position of a trustee, that on his becoming a lunati...
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