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2004 Supreme(Mad) 1258

N.V.BALASUBRAMANIAN, A.R.RAMALINGAM
Sri Raghavendra Swami Mutt – Appellant
Versus
Panchapakesa Iyer – Respondent


Advocates Appeared: For The Appellant :Chandramouli, Sr.counsel. For The Respondents:T.R.Rajagopalan, Sr.counsel & Chitra Sampath, Advocate.

Judgment :-

N.V.Balasubramanian, J.

This is an appeal by the plaintiff against the judgment and decree dated 19.12.1991 in O.S.No.992 of 1990 on the file of Subordinate Judge, Tiruchirappalli. Learned Subordinate Judge dismissed the suit and against the judgment and decree, the plaintiff has preferred this appeal.

2. The averments made in the plaint are that the suit property belongs to the mutt, called Sri Sumatheendra Swami Mutt which is a branch Mutt of Nanjangaud Sri Raghavendra Swamy Mutt. There is no dispute that Sri Raghavendra Swamy Mutt is a Hindu Mutt as defined under the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as 'the HR & CE Act') and the Mutt is camping at Mantralayam in the State of Andhra Pradesh. So far as the Sri Sumatheendra Swami Mutt which is a branch Mutt of Sri Raghavendra Swamy Mutt is concerned, it is situate at Srirangam and it is a public trust and its properties are held in public trust. The suit property is one of the properties held by the plaintiff Mutt and the said property is a public trust property. Since the Matadhipathi of Sri Raghavendra Swamy Mutt was at Mantralayam and there were v















































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