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1972 Supreme(Mad) 421

ISMAIL, PALANISWAMY
Tiruvengada Varadachariar – Appellant
Versus
Srinivasa lyengar – Respondent


Advocates:
T. R. Srinivasa Iyer, for Appellants; R. Gopalaswami lyengar, K. N. Balasubramaniam and M. Srinivasan, for Respondents.

Judgement

PALANISWAMY, J. :- This appeal filed by the plaintiffs raises the question as to the scope of Section 63 of the Madras Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as the Act). The plaintiffs and defendants 3 and 4 are the descendants of one Chinna Ramanuja Aiyangar. The suit was laid for recovery of possession of the plaint mentioned temple called Sri Venugopalasami temple, Katteri, Mannargudi, and the immoveable properties described in the plaint. Reliefs were sought against defendants 1 and 2 on behalf of the plaintiff and defendants 3 and 4. The plaintiffs alleged that the lands described in the plaint belonged to the suit temple and that they and defendants 3 and 4 were the sole hereditary trustees thereof. They referred to several litigations in their family with regard to the affairs of the temple and stated that with a view to enable the members to reach an amicable arrangement and settlement of disputes between them, the members of the family were advised to appoint an agent to look after the temple and its management. According to them, all the members of the family had confidence in one Ranganatha Aiyangar, father of the second de



































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