Supreme Court of India · 1969-09-09
N.S. RAJABATHAR MUDALIAR vs M.S. VADIVELU MUDALIAR & ORS.
- Citation / case number
- SC 1966/60285
- Court
- Supreme Court of India
- Petitioner
- N.S. RAJABATHAR MUDALIAR
- Respondent
- M.S. VADIVELU MUDALIAR & ORS.
- Bench
- RAY, A.N.
Judgment text excerpt
The Supreme Court held that the dominant purpose of the trust deed executed by the appellant's great-grandfather was to benefit charities, with provisions for maintenance and education being subordinate and at the discretion of the trustees. The Court found that the cy-pres doctrine did not apply as the maintenance and education expenses were not charitable in nature. Consequently, the High Court's dismissal of the appellant's suit for increased maintenance was upheld, affirming the original intent of the trust for charitable purposes over familial maintenance.