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Issues Involved:
1. Validity of the endowment for the construction of a Samadhi and Matam. 2. Entitlement to partition and separate possession of E schedule properties. 3. Obligation for accounting the surplus income from the properties. Detailed Analysis: 1. Validity of the Endowment for the Construction of a Samadhi and Matam: The primary issue was whether the endowment created by the testator for the construction of a Samadhi and Matam, and for performing religious rites and charitable acts, was valid under Hindu law. The testator's Will directed that the E schedule properties be used for constructing a Samadhi and Matam, performing Guru Pooja, and other charitable activities. The Supreme Court noted that the perpetual dedication of property for the construction of a Samadhi or tomb over the mortal remains of an ordinary person is not recognized as a charitable or religious purpose among Hindus. However, the Samadhi of a saint stands on a different footing. The Court cited several precedents, including the Privy Council decision in N. Subramania Pillai v. A. Draviyasundaratn Pillai, which held that trusts primarily intended to keep the testator's memory alive and enhance his posthumous reputation are not valid. The Court concluded that the provision made by the testator for the construction of a Samadhi over his burial place and its maintenance could not be regarded as valid. However, the Court emphasized that it is a cardinal principle of construction of Wills that effect should be given to every bequest of the testator unless it is opposed to law, custom, or practice. Therefore, the provisions in the Will related to recognized charitable purposes should be upheld, even if the entire scheme cannot be saved. 2. Entitlement to Partition and Separate Possession of E Schedule Properties: The plaintiffs argued that since the endowment for the Samadhi was invalid, the E schedule properties should be shared among the plaintiffs and the defendant under the residuary clause of the Will. The defendant resisted this claim, arguing that the Matam and Samadhi were constructed for different purposes and that the Matam's purposes were distinctly religious and charitable. The Supreme Court found that the Matam and Samadhi, although constructed in the same survey number, were independent of each other and separated by about 15 feet. The Court held that the performance of annual ceremonies, Guru Pooja, feeding the poor, and distributing saffron-colored clothes were independent activities with no connection to the Samadhi. The Court noted that the Will did not indicate that Guru Pooja should be performed to the testator, and the directions were only to install pictures at the Matam and perform Guru Pooja once a year. The Court concluded that the endowment for the Matam and the charitable activities should be upheld, and the plaintiffs' claim for partition and separate possession of the E schedule properties was not justified. 3. Obligation for Accounting the Surplus Income from the Properties: The trial court initially decreed the suit in favor of the plaintiffs, declaring the dedication of the E schedule property invalid and ordering the defendant to account for the surplus income. The District Judge, on appeal, held that the purposes for which the E schedule properties were dedicated were charitable or religious and dismissed the suit but directed the defendant to account for the surplus income. The Supreme Court agreed with the learned Single Judge's view that the trust for the Matam and the charitable activities were valid and that the defendant, as the manager, was obliged to account for the surplus income from the properties. The Court emphasized that the dominant intention of the testator, as ascertained from the terms of the Will, was to perform religious and charitable activities, and the defendant's actions should align with this intention. Conclusion: The Supreme Court allowed the appeal, reversing the judgment of the Division Bench and restoring the judgment and decree of the learned Single Judge. The Court upheld the endowment for the Matam and the charitable activities, declared the endowment for the Samadhi invalid, and affirmed the obligation for accounting the surplus income from the properties. The respondents were ordered to pay the costs of the appeal to the appellants. Appeal allowed.
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