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1963 Supreme(Mad) 188

K.S.RAMAMURTI, S.RAMACHANDRA.IYER
Muthuswami Gurukal – Appellant
Versus
Aiyaswami Thevar and sixteen others – Respondent


Advocates:
V.S. Rangaswami Ayyangar, for Appellant.
Government Pleader (A. Alagiriswami), S. Sethurathnam and M. R. Narayanaswami, for Respondents.

Ramamurti, J.-

This Letters Patent Appeal is preferred against the judgment of Jagadisan,J., who confirmed the judgment of the learned Subordinate Judge of Coimbatore in Original Suit No. 267 of 1956. The said suit was filed by the appellant for a declaration that he and defendants 6 to 12 of (members of his family) are the hereditary trustees of three small temples, Sri Thiru Nandhiswara Swami Temple, Sri Kailasanathar Temple and Sri Selva Vinayakar Temple in Sircar Kannadiputhur in Udamalpet Taluk in Coimbatore District, and that the order of the Commissioner, Hindu Religious and Charitable Endowments, appointing defendants 1 to 5 as trustees is invalid and would not affect the rights of the plaintiff.

On 20th November, 1955, the Assistant Commissioner of Hindu Religious and Charitable Endowment Board appointed defendants 1 to 5 as non-hereditary trustees. The plaintiff filed a petition under section 57-B of the Act before the Deputy Commissioner for a declaration that plaintiff and defendants 6 to 12 are the pujaris and hereditary trustees of the temple. That petition was rejected and an appeal before the Commissioner was equally unsuccessful. The present suit has been instituted













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