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1998 Supreme(SC) 930

SUJATA V.MANOHAR, G.B.PATTANAIK
T. Lakshmikumara Thathachariar – Appellant
Versus
Commissioner, Hindu Religious And Charitable Endowments – Respondent


Judgment

Sujata V. Manohar, J.-Leave granted.

2. These appeals pertain to a scheme for the administration of Devara­jaswamy Temple at Kancheepuram and Trusteeship of the said temple. The scheme was originally settled in 1909 in an application made original­ly before the District Court of Chengalpattu, Tamil Nadu being O.S. No. 11 of 1907. This application was filed under Section 539 of the Civil Procedure Code of 1882. Ultimately when the matter came before the High Court and the scheme was settled on 15th of November, 1909, the Civil Procedure Code of 1908 had come into force and the scheme was framed under Section 92 of the Code of Civil Procedure 1908. This scheme thereafter remained in force until it was modified by the High Court of Madras on 17.11.1941 in A.S. No. 175 of 1934. This modifica­tion was done under the Madras Hindu Religious Endowments Act (Act 2 of 1927) (hereinafter referred to as the Act of 1927) which was then in force.

3. In 1965 the Deputy Commissioner of Hindu Religious and Charitable Endowments, Madras initiated proceedings under Section 64(5) of the Madras (Tamil Nadu) Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as the Act of
















































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