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1974 Supreme(SC) 43

D.G.PALEKAR, R.S.SARKARIA, V.R.KRISHNA IYER
V. S. Thiagaraja Mudaliar: Brahadeeswaran Shanmugha, Sundram – Appellant
Versus
Bava C. Chokkappa Mudaliar: Bava C. Chokkappa Mudaliar – Respondent


Advocates:
A.R.SOMNATH IYER, A.Subhashini, A.V.RANGAM, GANESAN, K.JAYRAMAN GOWDA, K.L.RATHORE, N.NATESAN, R.CHANDRASHEKHAR REDDY, S.BALAKRISHNAN, S.LAKSHMI NARASU, S.T.DESAI, T.V.KRISHNAMURTHY IYER, V.M.TARKUNDE

Judgment

PALEKAR, J.:- These two appeals by special leave arise out of a decision of the Religious Endowment Board (hereinafter called the Board) constituted under Section 10 of the Madras Hindu Religious Endowments Act, 1926 (Madras Act No. II of 1926) hereinafter called the Act. The Board gave a decision in a dispute in C. A. no. 279 of 1946 and the principal contention with which we are concerned in these appeals is whether the Board had jurisdiction to decide that dispute. Other points were dealt with in the course of litigation, but since the appellants are entitled to succeed on the ground that the Board had no jurisdiction to entertain the dispute, it will not be necessary for us to deal with the other points. We shall, therefore, confine ourselves to the facts which bear upon the point.

2. The temple of Sri Tyagarajaswami at Tiruvarur in Tanjore District is a well-known, ancient temple of the South. There are 13 kattalais attached to the temple - one of such kattalais being the Ulthurai Kattalai. The kattalai looks after the : worship and festivals in thetemple. The management of this Ulthurai kattalai was vested in two Mudaliar families. One was the Bava family and the other






































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