Judgement

Law Rep. 76 Ind. App. 67 ( 1948- 1949)

N. S. Venkatagiri Ayyangar v. Hindu Religious 23

Appeal (No. 94 of 1947), by special leave, from a judgment and order of the High Court (November 6, 1944) which revised a judgment and decree of the Court of the District Judge of Ramnad at Madura (August 7, 1943).

The following facts are taken from the judgment of the Judicial Committee. The only matter which arose for determination in this appeal, and on which special leave to appeal was granted, was whether the learned judges of the High Court had any power to interfere in revision with the order of the District Judge.

On July 1, 1907, one Narayana, the grandfather of the appellants, made a will by which he founded a temple and directed his male heirs to act as trustees of the temple. Narayana died in 1910, and in 1915 the family became divided. Thereafter each branch of the family managed the temple for one year in rotation. In 1927, the Madras Hindu Religious Endowments Act, 1926 (Mad. Act II of 1927) (hereinafter, with its amendments, referred to as the “Act") was passed. The Act authorized the creation of a Hindu Religious Endowment Board and empowered it to take over control of