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1980 Supreme(Ker) 189

M.P.MENON
SREE KARIKAD DEVASWOM – Appellant
Versus
WANDOOR JUPITER CHITS (P) LTD. – Respondent


Judgment :-

In November, 1969 the manager of Sree Karikad Devaswom granted two leases, one in favour of Krishnan Natnboodiri, and another in favour of Balakrishnan Nair. The first, registered as document No. 2454, was in respect of 16 acres and 4 cents of land belonging to the Devaswom, and the second, registered as document No. 2455, was in respect of one acre. The period specified was one year and the rent, Rs. 5/-per acre. After the death of . Krishnan Namboodiri his heirs assigned the leasehold right to the Wandoor Jupiter Chits (P) Ltd. Balakrishnan Nair also transferred his rights to the company. This company was ordered to be wound up in 1973. Pending the framing of a scheme under the Madras Hindu Religious and Charitable Endowments Act, 1951 for the proper administration of the Devaswom, the Deputy Commissioner functioning under the Act appointed a 'fit person' to be in charge of the Devaswom, in July, 1976. This person considered the leases to be unauthorised, improvident and prejudicial to the Devaswom. and after obtaining sanction from the Department for instituting legal proceedings, approached this Court with Application Nos. 640 and 656 of 1977 for leave under Sec. 44












































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