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2001 Supreme(Mad) 218

R.JAYASIMHA BABU, K.GNANAPRAKASAM
Commissioner, H. R. & C. E. (ADMN) Department – Appellant
Versus
N. A. Ramaswamy Chettiar – Respondent


Advocates Appeared:
Mr. T.R. Davesan, Advocate for Appellant. Ms. Anandavali, Advocate for Respondent No.2.

Judgment :

K. Gnanaprakasam, J.

1. A sangam, registered under the Societies Registration Act has been carrying on and administering certain "Urchavams" and 'ubayams' (Charities) and whether those charities, would come within the ambit of "Religious endowment" has fallen for consideration in this appeal.

2. People belong to Vanika Vaisya community of Mannachanallur have formed a sangam and named it as "Mannchanallur Vanika Vaisya Sangam" (hereinafter called as "the Sangam") and registered the same under the Societies Registration Act. The said sangam was represented by their President and Secretary, who have filed the suit under Section 70(1)(ii) of the Hindu Religious Charitable Endowments Act (Act 22 of 1959) read with Order 7, Rule 1, C.P.C. in O.S.No.620 of 1980 on the file of Subordinate Judge, Tiruchirapalli to set aside the order of the Commissioner of Hindu Religious and Charitable Endowments (Admn.) Department, Madras dated 19.2.1980 in A.P.No.58 of 1977 and also prayed for a declaration that the suit properties are not the properties of any religious endowments. The learned Subordinate Judge, Tiruchirapalli decreed the suit on 21.9.1981 and the same was confirmed by the le












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