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2025 DAILYLAW 50736 (MAD)

Mrs. S.Valli W/o.Shivakumar and 2 others v. Official Trustee of Tamilnadu

A/2131/2020 · 2025-07-10

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A No. 2131 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2025 CORAM THE HONOURABLE MR JUSTICE R. SUBRAMANIAN A No. 2131 of 2020 in C.S.No. 204 of 1940 Mrs. S.Valli W/o.Shivakumar and 2 others No.44 Arun Nagar, Chellakuppam, Cuddalore 607 003. AND 2 OTHERS Applicant(s) Vs Official Trustee of Tamilnadu High Court, Madras. Respondent(s) For Applicant(s): M/s.A.Ilaya Perumal M.Pachiyappan R.Rajeshkrishnan For Respondent(s): M/s.C.T.Mohan For Respt.-d.No.204/2020 Cs.204/1940 No.18/70, Landons Rd. Kilpauk, Ch-10 https://www.mhc.tn.gov.in/judis A No. 2131 of 2020 ORDER The Official Trustee has field the financial implications of the prayer. It is seen from the report of the Official Trustee that there is enough surplus income to grant the request of the applicant. However, Clause-9 of the scheme decree reads as follows:- “9. The trustee shall pay on or before the 10 th of each month Rs.50/- to the 1 st defendant in accordance with my finding on issue 4 in my judgment dated 21.01.1942.” 2. The finding of Issue No.4 in C.S.No.204 of 1940 reads as follows:- “Issue 4: The parties are agreed that the 1 st plaintiff and the 1 st defendant, as the present senior most members of the family of the founder, should take out of the income of the properties acquired by Arunachalam Chettiar and dealt with by him in his will as his self-acquisitions, a sum of Rs.50/- per mensem as allowance for themselves as they had been doing till 1934 or thereabouts. This allowance in their favour will be incorporated in the scheme. The question whether they should not get any allowance for the period from 1934 till now is reserved for further consideration after the accounts are taken.” https://www.mhc.tn.gov.in/judis A No. 2131 of 2020 3. In view of the above, there will be an order for payment of a sum of Rs.35,000/- to the 1 st applicant, who is the senior most member of the family of Singaravelu Chetty as of today. 10-07-2025 kkn Index:No Speaking Internet:Yes Neutral Citation:No https://www.mhc.tn.gov.in/judis A No. 2131 of 2020 To 1.Official Trustee of Tamilnadu High Court, Madras. https://www.mhc.tn.gov.in/judis A No. 2131 of 2020 R.SUBRAMANIAN J. KKN A No. 2131 of 2020 10-07-2025 https://www.mhc.tn.gov.in/judis