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1973 Supreme(Mad) 458

M.M.ISMAIL, S.NATARAJAN
The Commissioner, Hindu Religious and Charitable Endowments, Madras – Appellant
Versus
Vaithinatha Gurukkal and – Respondent


Advocates:
The Additional Government Pleader, for Appellants
V. Balasubramanian and J. Jayaraman, for Respondents

Ismail, J.- The first defendant in O.S. No. 11 of 1966 on the file of the Court of the Subordinate Judge of Mayuram is the appellant herein. The suit related to a temple known as Sri Panchavatiswaraswami Temple, situate in Ananthandavapuram in Thanjavur district. Exhibit B-I is an extract of the Inam Statement of one Appa Gurukkal dated 16th December, 1861 made before the Inam Commissioner. That statement shows that properties were endowed for Sri Panchavatiswaraswami Temple and that Appa Gurukkal was the person in possession of the properties and Was also the Archaka of the temple. Exhibit A-I is an extract for the Inam Register of Anathandavapuram village. That extract shows, that Appa Gurukkal was the worshipper in possession and the inam itself was confirmed and continued so long as the worship was regularly rendered. Exhibit B-2 is the copy of the inam title deed No. 633 granted to the manager for the time being of the pagoda of Sri Panchavatiswaraswami. Exhibit B-3 dated 18th August, 1884, is a lease chit executed in favour of Appa Gurukkal with reference to the property granted in inam to Sri Panchavatiswaraswami temple. Exhibits A-2 to A-6 are kist receipts for the period 1


























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