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1978 Supreme(Mad) 187

S.NAINAR SUNDARAM
Sri Pushpagiri Matt, Cuddappah, A. P. , by its Peedathipathi Sri Vidya Nrasimha Bharathy Swamy Varu – Appellant
Versus
Ramalinga Sastri and others – Respondent


Advocates:
K.N. Balasubramaniyan, for Petitioner.
K. Raja, for Respondents 1 and 2.

ORDER:-The plaintiff in O.S. No. 4087 of 1969 on the file of the Fourth Assistant Judge, City Civil Court, Madras, is the petitioner in this revision. The respondents herein are the defendants in that suit. The plaintiff is Sri Pushpagiri Mutt. Cuddappah, Cuddappah District, Andhra Pradesh. From a perusal of the records in the Court below, certain essential features of the case do emerge out. An Executive Officer was appointed for the plaintiff-Mutt by the Commissioner of Hindu Religious and Charitable Endowments (Administration), Andhra Pradesh, in pursuance of a scheme framed therefor. The plaintiff-Mutt filed the suit for a declaration of title regarding the property at No. 20, Ekambareswarar Agraharam, Park Town, Madras, and for possession of the said property. There is no gainsaying that a Mutt, like an idol is a juridical person and is capable of acquiring, holding and vindicating legal rights through the medium of some human agency, which is ordinarily the agency of the person in charge of its affairs. It is beyond doubt that "Sri Pushpagiri Mutt", is the plaintiff in the suit. However, because an Executive Officer was appointed and was functioning for the plaintiff-Mutt, at











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