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1970 Supreme(Mad) 244

M.M.ISMAIL
V. R. Thulasai Sah (died) – Appellant
Versus
Sri Katchapeswaraswamy Devasthanam by its Executive Officer – Respondent


Advocates:
M. Gopalaswamy Ayyengar, and M. Srinivasan, for Appellant.
K.E. Rajagopalachari, for Respondent.

JUDGMENT.-

The legal representatives of the deceased first defendant in O.S. No. 456 of 1960 on the file of the Court of the District Munsif of Kancheepuram are now the appellants before this Court. The suit properties were endowed for the purpose of performing the Uchikala Kattalai and general pooja in the Sri Katchapeswaraswamy temple. One Pandaram family was the kattalai trustees in respect of the suit properties, and Ekambaram Pandaram who was the kattalai trustee at the relevant time, mortgaged the suit properties in favour of the father of the first defendant in the suit, on 9th September, 1919 under Exhibit B.-I. The trustees of the temple filed O.S. No. 224 of 1937 on the file of the Court of the District Munsif of Kancheepuram for a declaration that the alienations effected in respect of the temple properties and Kattalai properties were not binding on the temple, and for recovery of possession of the same. One such alienation covered in that suit was Exhibit B-1, dated 9th September, 1919. The Court in O.S. No. 224 of 1937 came to the conclusion that the properties were kattalai properties, that the alienations were not valid and binding; but the temple as such was not en












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