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september 1969

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.

N.S. RAJABATHAR MUDALIAR vs M.S. VADIVELU MUDALIAR & ORS. · Niyam