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1967 Supreme(Mad) 308

M.ANANTANARAYANAN, NATESAN
Tirumalaisami Naicker – Appellant
Versus
Villagers of Kadambur, Athur Taluk, Represented by their Nattamailara Nellathambi Moopanar – Respondent


Advocates:
P. C. Parthasarathy Iyengar, for Appellant; S. Palanisami and C. Desappan, for Respondent.

Judgement

NATESAN, J. :- Two questions are raised in this Letters Patent Appeal from the decision of our learned brother, Kailasam, J. First it is contended that the suit not having been instituted in conformity with and as provided for under the Madras Hindu Religious and Charitable Endowments Act, Madras Act XIX of 1951, hereinafter referred to as the Act, it is barred under Section 93 of the Act Next it is submitted that the suit is bad for non-joinder of the other trustees of the religious institution in question.

2. The appellant before us is the first defendant in a suit filed by the villagers of Kadambur, Athur Taluk, Salem District, represented by their Nattamaikarar Nallathambi Moopanar, as the plaintiff, for a declaration that the suit building belonged to the villagers and the second defendant in the suit, the District Board, Salem, was their tenant. An injunction was prayed for restraining the first defendant in the suit the present appellant, from interfering with suit property. The first defendant is one of the trustees of certain temples in the village, and it is the case of the plaintiff that the first defendant fraudulently obtained an order from the Hindu Religious












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