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30.It had been stated that the plaintiff Trust is a Religious Charitable Trust created by a Trust Deed dated 26.02.1975 with object to celebrate and conduct the 11th day Aadi Thapasu festival of Sri Sankaranarayana Swami Sametha Gomathiammal Sankaranarayana Swami Devasthanam including abishekam, alankaram, procession of deities, feeding the poor, distributing water, arranging musical concerts or upanyashams etc. It was started with a corpus of Rs.20,000/-. The deed provided that the trustees can acquire properties for the purpose of the Trust and to dispose or sell the same, to carry on business, with intention to promote the object of the Trust. Subsequently, a Codicil was registered on 07.09.1989 changing the name of the Trust. It had been contended that the plaint schedule properties have been purchased by sale deeds dated 11.01.1985, 09.10.1985, 18.03.1985 and 17.02.1986. It had been further stated that the Trust had been in possession and enjoyment of the lands from the date of the purchase. It had been further stated that in S.No.9 Kongathanparai Village at Palayamkottai, the total area of land was 15.35 acres, out of which, the plaintiff Trust was the https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/01/2026 04:29:18 pm ) owner of 12.29 acres. Similarly, in S.No.11, the total area was 19.14 acres and the plaintiff Trust had purchased 2.85 acres. It had been contended that the title of the plaintiff had also been recognized by the Government. It had been further contended that the 1st, 2nd and 3rd defendants, M/s.Shifa Housing (P) Ltd., also claimed that they had purchased properties and began to put up constructions in the year 2006, though they have no right or title over the properties.

74.The Trust was stated to remain in force for all time. It was also provided that the Trust is irrevocable and that the author of the Trust has no right to revoke the Trust.

75.It is the contention of the Trust that by the Codicil dated 07.09.1989 and marked as Ex.A2, in accordance with the wish of the author of the Trust, V.Kuttalammal, at the time of her death to change the name of the Trust and to enlarge the scope of the objects and purposes of the Trust, amendments had been brought confirming to such wish of the author of the Trust. The name of the Trust had been changed to Kuttalammal Religious and Charitable Trust. The objects of the Trust had been expanded to also include other charitable objects such as helping the needy for education, rendering and giving medical help, founding, establishing and maintaining padasalas, schools, dispensaries and such other institutions and the like to cater and serve the public and all communities at large. https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/01/2026 04:29:18 pm )