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2003 Supreme(SC) 680

SHIVARAJ V.PATIL, D.M.DHARMADHIKARI
Nellor Marthandam Vellalar – Appellant
Versus
Commissioner, Hindu Religions And Charitable Endowments – Respondent


JUDGMENT

Shivaraj V. Patil, J.-The appellants filed suit for declaration that the suit temple is a denominational temple and that the defendants 1 and 2 have no jurisdiction to appoint the third defendant as fit person. The trial Court decreed the suit. The first appellate court reversed the judgment and decree passed by the trial Court and dismissed the suit. The High Court in second appeal upheld the judgment and decree passed by the first appellate court.

2. The High Court in the impugned judgment has narrated the facts in sufficient details based on the pleadings of the parties and the material that was placed on record. It is not necessary to state them again. However, to the extent they are relevant and necessary in the light of the contentions advanced on behalf of the parties, we notice them hereunder.

3. The case of the plaintiff before the trial Court was that the first plaintiff is a denominational temple entitled to exemption as provided under Article 26 of the Constitution of India and Section 107 of the Tamil Nadu Hindu Religious and charitable Endowments Act, 1959 (for short the Act ); the temple is in Nalloor village and is known as Sree Uchini Makali Amman Temple, bu

















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