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1965 Supreme(Ker) 74

T.C.RAGHAVAN
Srinagpuram Kambola Gouda Saraswath Brahmin Samooham Comiittee – Appellant
Versus
Cochin Devaswom Board – Respondent


Judgment :-

1. The appellants' suit under S.114(2) of the Travancore-Cochin Hindu Religious Institutions Act has been dismissed by the lower court for want of notice under S.124(1) of the same Act; and the question for consideration is whether that decision is correct.

2. S. 114 reads:

"(1) If any dispute arises as to whether an institution falls within the term 'institution' as defined in Part II of this Act, such dispute shall be decided by the Board and the decision of the Board shall be published in the Gazette.

(2) Any person affected by a decision of the Board under sub-section (1) may within six months from the date of publication of the decision of the Board in the Gazette, institute a suit in the court to modify or set aside such decision.

(3) Subject to the final decree in the suit provided for in sub-section (2), the decision of the Board shall be final."

S. 124 (1) lays down that no suit shall be instituted against the Board until the expiration of two months after a notice in writing has been delivered or left at the office of the Board stating the cause of action, the relief sought and the name and place of abode of the intending plaintiff; and the plaint shall contain a s






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