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1953 Supreme(Mad) 165

VENKATARAMA AYYAR
Sri Kalahastheeswaraswami Temple represented by its paid trustee, P. Kumaraswami Pillai – Appellant
Versus
The Madras State represented by the Collector of Chittoor – Respondent


Advocates:
V. Vedantachari for Petitioners.
The Government Pleader (P. Satyanarayana Raju) on behalf of the State.

Order.-

This is an application on behalf of the Kalahastheeswaraswami Devasthanam for the issue of a writ of mandamus prohibiting the State of Madras from taking possession of the village of Kalahasti. This village formed part of the ancient zamindari of Kalahasti which is one of the impartible estates included in the Madras Impartible Estate Act II of 1904. In the year Virodhikrit (1791-92) the Rajah of Kalahasti granted the village in inam to the temple. On 16th September, 1896 the then Zamindar of Kalahasti executed a mortgage over this and other villages. There was a suit to enforce this mortgage, O.S. No. 14 of 1909 on the file of the Subordinate Judge’s Court, North Arcot, and a decree was passed therein for the sale of the hypotheca. A new zamindar having succeeded to the estate, he filed O.S. No. 8 of 1911 in the Court of the Subordinate Judge, North Arcot, as hereditary trsutee of the Kalahastheeswaraswami Devasthanam, for a declaration that the mortgage, dated 16th September, 1896 in so far as it related to the village of Kalahasti was not binding on the temple, as the same was executed for the personal debts of the zamindar. That suit was decreed, the Court holding that t






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