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1964 Supreme(Mad) 36

K.VEERASWAMI
K. Subramaniam Chettiar, General and Executive Trustee, Sri Thirumoolanathaswami Temple at Poovalur – Appellant
Versus
The Poovalur Sri Thirumoolanathaswami Sayarakshai Arthajama etc. , Kattalai by Trustees – Respondent


Advocates:
V. Somasundaram and P. Kothandaraman, for Appellant.
T.M. Chinniah Pillai and T.S. Palani Sivagurunathan, for Respondent.

JUDGMENT.-

The defendant is the appellant against a reversing Judgment of the learned District Judge of Tiruchirappalli, arising out of a suit brought by the respondent for a permanent injunction restraining the appellant and his men, agents and servants from in any manner interfering with his administration, management and worship during performance of the Sayarakshai and Ardhajamam kattalais by the introduction of tickets for archanas during those periods. The defence to the suit was that the defendant, being a general trustee of the temples themselves, was entitled, in exercise of the powers under section 57 of the Madras Hindu Religious and Charitable Endowments Act, to introduce the ticket system for performance of archanas during the periods when the two kattalais are performed in the temple. The trial Judge accepted the defence and dismissed the suit. The lower appellate Court, on the view he took of the statutory provisions, considered that the kattalais being independent institutions, of which the plaintiff was a specific trustee, “the general trustee of the temple had no right under section 57 to pass an order fixing the fee for the performance of any service, ritual or c






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