Mrs. S.Valli W/O.Shivakumar And 2 Others v. Official Trustee Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-07-2025

CORAM

THE HONOURABLE MR JUSTICE R. SUBRAMANIAN 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

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 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."

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

To 1.Official Trustee of Tamilnadu High Court, Madras.

R.SUBRAMANIAN J.

KKN 10-07-2025