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1965 Supreme(Mad) 45

M.NATESAN, M.ANANTANARAYANAN
Muthiah Asari – Appellant
Versus
P. Madasami Asari – Respondent


Advocates:
S. Sitarama Ayyar and S. Rajaraman, for Appellants.
The Government Pleader A. Alagiriswami, U. Somasundaram, P. Kothandaraman and R. Sitaraman, for Respondents.

Anantanarayanan, J.-

This Letters Patent Appeal is by the appellants in S.A No. 551 of 1960, before Kunhamed Kutti, J. They were also the plaintiffs in O.S. No. 40 of 1956 on the file of the learned District Munsif of Srivaikuntam. They sought for a declaration that the Pancha Brahma Ambika Mutt Sri Subramania Swami Temple situate in Sattankulam Kasaba, and endowments or properties attached thereto, belonged to members of the Pancha Brahmaviswa Brahmin Community residing in five named villages, and that that community as a body was entitled to manage the institution and its properties, free of interference by the Commissioner for Hindu Religious and Charitable Endowments, the first defendant in suit, or of the other defendants inclusive of trustee nominated by the Area Committee. The suit was originally decreed by the trial Court, on the basis that the temple was a denominational institution and that the Commissioner (first defendant) or the Area Committee had no right to appoint trustees either to manage the religious institution, or to administer the properties. Ultimately, after certain vicissitudes of trial that need not concern us, the suit was dismissed by the learned Subordi












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