1972 Supreme(Mad) 416
M.M.ISMAIL, K.S.PALANISWAMY
Thiruvengada Varadachariar alias R. Varadachari – Appellant
Versus
Srinivasa Iyengar – Respondent
Advocates:
T. R. Srinivasa Ayyar, for Appellants.
R. Gopalaswami Ayyangar, K. N. Balasubramaniam and M. Srinivasan, for Respondents.
Palaniswami, J.-This appeal filed by the plaintiffs raises the question as to the scope of section 63 of the Madras Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as the Act). The plaintiffs and defendants 3 and 4 are the descendants of one Chinna Ramanuja Ayyangar. The suit was laid for recovery of possession of the plant mentioned temple mallei Sri Venugopalaswami temple, Katteri, Mannargudi, and the immovable properties described in the plaint. Reliefs were sought against defendants 1 and 2 on behalf of the plaintiffs and defendants 3 and 4. The plaintiffs alleged that the lands described in the plaint belonged to the suit temple and that they and defendants 3 and 4 were the sole hereditary trustees thereof. They referred to several litigations in their family with regard to the affairs of the temple and stated that with a view to enable the members to reach an amicable arrangement and settlement of disputes between them, the members of the family were advised to appoint an agent to look after the temple and its management. According to them, all the members of the family had confidence in one Ranganatha Ayyangar, father of the second defendant and
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