Charities under the settlement cannot be held specific endowment.

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 learned Single Judge of this Court in A.S.No.369 of 1984 by the decree and judgment dated 2.1.1996. As against the same, the Commissioner, H.R. & C.E. (Admn.) Department has preferred this appeal.

3. The Sangam was registered with an object to fester unity among the community of "Vaniga Vaisya" and to perform charities, Urchavams, Upayams in and out of the funds created by the Vaisya Community. The said Sangam had found the religious private charity trust by way of settlement deed dated 9.5.1961 whereunder, the properties set out for the said Trust were shown in Schedule "A" and the Upayam, which have got to be carried out were shown in Schedule "B". It has been very specifically stated as follows:-

In fact, the Upayams (charities) were done by the ancestors of this community people. It is further recited in the said settlement deed as follows:

Thereby indicating that all Urchavams have got to be performed only by this Sangam. The recitals in the settlement deed and the object of the Sangam if read conjointly, would make it clear, that the people, belonging to a particular community, joined together to do some charitable work and therefore, the properties owned by the said sangam cannot have the characteristic of a "religious charity" or "religious endowment" and that therefore, the appellant cannot exercise any right over these properties as these properties were held by a particular community people and in fact, not even a lien was created under the deed dated 9.5.1961 to carry out or to perform the charitable work.

4. The respondents have filed an application under Section 63(a) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (hereinafter called as "the Act") before the Deputy Commissioner, H.R. & C.E. (Admn.) Department, Tiruchirapalli, seeking for declaration that the Kattalai's performed by Mannachanallur Vaniga Vaisiyar Sangam which is a registered body, will not come under the purview of the Act and the sangam is entitle to do the charity as per the directions given under settlement deed dated 9.5.1961. The Deputy Commissioner did not accept their case and dismissed the petition. The respondents have preferred an appeal before the Commissioner, HR & CE (Admn) Department, Madras in A.P.No.58 of 1997 and the appeal was also dismissed by order dated 19.2.1980. Aggrieved by the same, the respondents have file the statutory suit under section 70(1)(2) of the Act before the subordinate Judge, Thiruchirapalli for the reliefs already set forth above.

5. The trial court, after due consideration had held, that the plaintiffs are entitled to a declaration as the plaintiffs charity is a "Private Charity" and the suit properties are not the properties of any religious charity/endowment but belonged to Sangam, which was registered un