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1971 Supreme(Mad) 103

SADASIVAM, V.RAMASWAMI
Venkataraman – Appellant
Versus
L. A. Thangappa Gounder – Respondent


Advocates:
N. Ramachandran, N. Sivamani and M.V. Krishnan, for Appellant; D. Ramaswami Iyengar, G. Chhinaswami, K.V. Subramanian and Addl, Govt. Pleader, for Respondent.

Judgement

V. RAMASWAMI, J.:- These three appeals have been filed by the unsuccessful plaintiff's in O.S. Nos.55, 56 and 57 of 1961 on the file of learned Subordinate Judge of Erode. O.S. No.55 of 1961, against which A.S. No.11 of 1964 has been filed was a suit to set aside the Order of the Commissioner of the Hindu Religious and Charitable Endowments Board. Madras dated 18-3-1971 confirming the dismissal by the Deputy Commissioner of the Plaintiff's application under Section 57(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1951 for a declaration that the plaintiff was the hereditary trustee of the suit temple. The Plaintiff's case was that the Plaintiff's maternal grand-father one Krishna Iyer and his great grand-father one Narayana Iyer had been the hereditary poojaries and trustees of an ancient temple by name Kaliyaghavaradaraja Perumal Temple at Thalayanallur, hamlet of Sivagiri Village, Erode Taluk, Coimbatore District. The lands described in Schedule A to the plaint measuring 39-70 acres belonged to the said temple having been granted to it by the ancient Kings and Palayagars of Madurai. These grants have been recognised and confirmed by the then British




















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