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1954 Supreme(Mad) 391

RAJAGOPALA AYYANGAR, P.V.RAJAMANNAR
Srinivasa Reddiar – Appellant
Versus
P. Krishnaswami Reddiar – Respondent


Advocates:
K.V. Venkatasubramania Aiyar for P.S. Kailasam for Appellant.
R. Rangachari and R. Santanam for Public Prosecutor (V.T. Rangaswami Ayyan. gar) for Respondents.

Rajamannar, C.J.-This is an appeal under clause 15 of the Letters Patent filed against the judgment of Somasundararn, J., in Criminal Revision Case No. 636 of 1953. The said case was filed under sections 435 and 439 of the Code of Criminal Procedure against the order of the Sub-divisional Magistrate of Musiri, in Miscellaneous Case No. 18 of 1953 on his file, which was an application by the trustees of a temple under section 87 of the Madras Hindu Religious and Charitable Endowments Act, 1951, for delivery of certain properties alleged to belong to the temple. The Magistrate dismissed the application. Somasundararn, J., set aside this order of the Magistrate and directed the trustees to be put in possession of the properties. This appeal is against that order.

On a preliminary objection taken to the maintainability of the appeal, we heard arguments only on that question. After listening at length to Mr. K.V. Venkatasubramania Ayyar, learned counsel for the appellants, we have come to the conclusion that the preliminary objection is well founded and that the appeal is hot competent.

Clause 15 of the Letters Patent on which the appellants found their right to appeal runs thus:

“15. Appe












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