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1960 Supreme(Mad) 111

ANANTANARAYANAN
P. Govinda Chetty – Appellant
Versus
K. Lingaswami Chetty – Respondent


Advocates:
K. E. Rajagopalachari, for Appellants.
T. A. Ramaswami Reddi, R. Venkataramani, The Government Pleader K. Veerasami and V. Srinivasan, for Respondents.

Judgment.-

This appeal involves an interesting question relating to the provisions of the Hindu Religious and Charitable Endowments Act, Madras Act XIX of 1951. We are not concerned here with most of the particulars of evidence, but we may briefly note that one Rukmani Ammal endowed certain properties by a registered settlement deed, dated 19th March, 1906, for the celebration of a certain festival in the month of Thai in Sri Veeraraghavaswami Temple at Trivellore. She appointed six persons as executors, directed them to collect rents and to hand over the rents to two of the executors for the administration of the endowment. It is alleged that the properties have since come into the possession of the first defendant, who is misappropriating the rentals, and not administering the religious trust in a proper manner.

The matter came to the notice of the Deputy Commissioner of Religious Endowments, Coimbatore, who initiated proceedings suo motu under section 58 (1) of Act XIX of 1951. But as that officer was not satisfied that a scheme should be settled for this religious trust, he dropped the proceedings. The matter again came up before the Commissioner of Hindu Religious and Charitabl













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