What is "Specific endowment."

This is an appeal against the decree of the Sub-Court of Tuticorin in O.S.No.39 of 1956 setting aside the order of the Commissioner, Hindu Religious and Charitable Endowments declaring that the plaint properties are not dedicated to any specific purpose and issuing an injunction restraining the appellant from interfering with the respondent’s management of them.

The properties in dispute are comprised in three schedules, the first two being house sites with buildings thereon the third being a Nandavanam. Certain merchants in Tuticorin who were engaged in the export of onion to Ceylon formed themselves into an association called Thuthukudi-Kozhumbu Vyaparikalin Thuthukudi Sri Subramania Swami Mahimai Paripalana Sangam. At its inception and for a long time thereafter till 1930, the association was an unregistered one. The association collected, from its members some Mahimai contributions at a particular rate for consignments of onions made by them to Ceylon. A Mahimai is a donation for charity consisting of a fixed percentage on the sales or profits on commercial transactions done by the donor. The Association performed a number of festivals and charities from out of the collections. Exhibit B-8, which shows at a glance the particulars of expenses incurred from the years 1943 to 1953 indicates that out of the contributions festivals were performed in various temples, for example, Sankarameswarar Bagampiriyal temple, Sri Subramanyaswami temple a sub-shrine within the precincts of the former temple the Vishnu temple of the place, certain festivals for Sri Vinayagar, and miscellaneous charities by way of donations for education and for the maintenance of a Thevara Patasalai.

On 22nd November, 1906 the properties covered under Schdule I to the plaint were purchased by the Sangam under Exhibit B-1. The document states that the properties set out in the schedule hereunder consisting of a site, house, etc., are sold to you for the purpose of Sri Subramaniaswami. The part of the document which contains the conveyance further stated that hereafter the trustees of the Mahimai Now represented by the present secretary A. N. N. Muthia Pillai-cause title amended as per order in C. M. P. No. 6004 of 1958, 5th November, 1958.

for the benefit of Sri Subramaniaswami shall enjoy absolutely the properties hereinafter mentioned. On 12th October, 1926 the Sangam purchased the Schedule II properties under Exhibit B 2 from the Official Receiver of Tirunelveli. That document does not refer to the Sri Subramaniaswami temple as such; the vendee was described as the members of Tuticorin Onion Godwon Subramaniawami Mahimai. In the operative portion of the document it is stated that the vendees shall enjoy the properties conveyed absolutely for the purpose of the mahimai. The Schedule III property which is a Nandavanam was acquired by the Sangam sometime in 1927 under a darkhast grant made by the Government. The actual grant has not been filed. There is no evidence before the Court either primary or secondary as to the conditions in which that grant was made. In the order of the Commissioner, Exhibit A-1, it is merely stated that the Re-settlement Register showed that the land in S.No. 652/A-2 measuring about 60 cents was originally in Patta No.200-Perumal, and it was not known when and how the Sangam came into possession of the land, and acquired title to it and that it had been registered in accounts as Government dry patta lands.

The income from all the properties were systematically brought into its general account by the Sangam and was expended in performing various charities and festivals which have been indicated above.

In the year 1930 the Sangam was registered under the provisions of the Societies Registration Act. The memorandum stated that the objects of the Sangam were the performance of puja to Sri Subramaniaswami and the Siva temple in Tuticorin on festival and special occasions, as well as kainkaryams and paditharam as had been