1971 Supreme(Mad) 391
V.RAMASWAMI, R.SADASIVAM
P. S. Lakshmana Shah – Appellant
Versus
The Commissioner for Hindu Religious and Charitable Endowments, Madras – Respondent
Advocates:
K.E. Rajagopalachari, for Appellants.
The Assistant Government Pleader, for Respondent.
Sadasivam, J. - Appellants filed an application under section 57 (b) of the Madras Hindu Religious and Charitable Endowments Act XIX of 1951, hereinafter referred to as the Act, before the Deputy Commissioner claiming to be the hereditary trustees of Sri Balasubramaniaswamy Temple, Narayananaicken St., Komaleswaranpet, Madras-2. The learned Deputy Commissioner has held by his order Exhibit B-10 that the office of the trustee of the suit temple is not hereditary and that the appellants are not hereditary trustees. The appellants unsuccessfully appealed to the Commissioner for Hindu Religious and Charitable Endowments, Madras, as seen from the order Exhibit B-14. But in dismissing the appeal, the Commissioner made an observation that the Area Committee will select trustees from the members of the Somavamsam Bhuja Kshatriya Kulam. The appellants filed this Suit O.S. No. 411 of 1960, on the file of the City Civil Court, Madras for setting aside or cancelling the order of the Commissioner and to recognise their claim to the hereditary trusteeship of the suit temple, to declare that they and other members of the Somavamsam Bhuja Kshatriya Kulam or caste as a religious denomination exclus
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