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1973 Supreme(Mad) 363

M.M.ISMAIL, S.NATARAJAN
Chennammal – Appellant
Versus
The Commissioner, for Hindu Religious and Charitable Endowments, Madras – Respondent


Advocates:
P. Balasubramaniam, for Appellant.
K.S. Bhaktavatsalam, for Respondent.

Ismail, J.- The second plaintiff in O.S No. 10 of 1966, on the file of the Court of the Subordinate Judge of Sivaganga, who continued the suit after the death of the first plaintiff, is the appellant herein. One Ambalam Thodda Mallappa Chettiar constructed a temple by name Pandu-rangaswami Temple in Aruppukottai. He executed a settlement deed in respect of this temple on 25th November, 1925 and a registration copy of the same has been marked as Exhibit A-3. This settlement deed was executed not only by Mallappa Chettiar, but also by his son, who was also known by the same name, as well as his wife Chennammal. This document stated that on the A schedule property the temple had been constructed and for the purpose of performing neivedyam and other religious rites in the temple, he had constructed a kitchen as well as other buildings and that they were executing the settlement deed so that the said religious rites might be performed permanently. The document proceeded to state that the B schedule property of the value of Rs. 7,000 belonged to the said Mallappa Chettiar and that that was being endowed for the benefit of the temple so that the income from the property could be utilised











































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