1973 Supreme(Mad) 367
M.M.ISMAIL, S.NATARAJAN
P. Sangili and others – Appellant
Versus
Ramakrishnan and others – Respondent
Advocates:
A.K. Sreeraman, A.S. Kailasam and R. Krishnamurthy, for Appellants.
K.E. Rajagopalachari and M. Subramaniam, for Respondents.
Ismail, J.- Defendants 7 to n in O.S. No. 39 of 1965 on the file of the Court of the Subordinate Judge of Sivaganga are the appellants herein. For the purpose of understanding the scope of the appeal, it is necessary to set out certain facts. The suit relates to one Sri Pallar Kaliamman temple, Gandhipuram Street, Virudhunagar and the suit properties are claimed to belong to the said temple. Admittedly the suit properties were in the possession of defendants 1 to 4 prior to the Hindu Religious and Charitable Endowments Department taking action under the provisions of the Madras Hindu Religious and Charitable Endowments Act, hereinafter referred to as the Act. The authorities functioning under the Act felt that the affairs of the temple were mismanaged and so three trustees were appointed by the Assistant Commisioner, Hindu Religious and Charitable Endowments, Madurai, and they were defendants 5 and 6 and one Sinnu, who died subsequently. Defendants 1 to 4 refused to hand over possession of the temple and its properties to the said trustees, defendants 5 and 6, and preferred a revision petition to the Commissioner, Hindu Relgious and Charitable Endowments and the same was dismissed
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