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J. M. SHELAT, J. R. MUDHOLKAR, M. HIDAYATULLAH, R. S. BACHAWAT
T. D. Gopalan – Appellant
Versus
Commissioner For Hindu Religious And Charitable Endowments, Madras – Respondent
Judgement
SHELAT, J.: This appeal by special leave is against the order of the High Court of Madras dated January 11, 1961 refusing the certificate under Art. 133 (1) (a) and (b) of the Constitution.
2. The authorities appointed under the Hindu Religious and Charitable Endowments Act. Madras Act II of 1927 having held that the premises No. 29 South Masi Street, Madurai wherein the idol of Sri Srinivasaparumal and certain other idols were located constituted a temple within the meaning of the said Act, the appellant filed an application in the District Court for a declaration that the said premises were private property and for an order setting aside the said decision. The said application was by an order of the High Court converted into a suit. The main question in the suit was whether the said premises could be said to be a temple as defined by Madras Act XIX of 1951. The District Judge, Madurai, decreed the suit in favour of the appellant holding that the aforesaid premises did not constitute a temple and set aside the decision of the said authorities. On appeal, the High Court reversed the said judgment and decree and found that the premises in question constituted a temple. The a
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