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1958 Supreme(Ker) 85

KUMARA PILLAI, VAIDIALINGAM
Sankaran Nambudiripad – Appellant
Versus
Parameswaran Nambudiri – Respondent


Judgment :-

1. This is a Letters Patent Appeal against the judgment and decree passed by Panchapakesa Ayyer, J., of the Madras High Court in A. S. No. 66 of 1951 of that court. Plaintiffs 1 and 2 in O. S. No. 2 of 1949 of the court of the Additional Subordinate Judge of Ottapalam are the appellants. They are the karanavans and managers of their illoms, and they brought the said suit for a declaration that the Moonumoorthy temple in Trikkateeri amsom was not a temple coming under the definition of that term as defined in the Madras Temple Entry Authorisation Act (Madras Act 5 of 1947) and that the provisions of the Act were not applicable to that temple as it was founded by their ancestors for private worship by their families. Before filing the suit, they had made a reference to the Government under S.6 of the Madras Temple Entry Authorisation Act as to whether the temple would come within the purview of that Act; and that reference was decided by the Government on 11-12-1948 holding that the temple would come within the purview of the Act. The Appellants then brought O. S. No. 2 of 1949, filing it as a representative suit and impleading therein six persons as defendants to represe











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