Sri Ganapathy Raja Valia Raja of Edappally Sivaroopam, hereditary Trustee of Ponmala Ayyappan Temple and Angadiparamba Siva Temple vs The Commissioner for Hindu Religious and Charitable Endowments, Madras

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1954 Supreme(Mad) 222

CHANDRA REDDI, GOVINDA MENON
Sri Ganapathy Raja Valia Raja of Edappally Sivaroopam, hereditary Trustee of Ponmala Ayyappan Temple and Angadiparamba Siva Temple – Appellant
Versus
The Commissioner for Hindu Religious and Charitable Endowments, Madras – Respondent

Advocates:
K. Kattikrishna Menon and D.H. Nambudripad for Appellants in A.A.O. Nos. 486 and 568 of 1952.
The Government Pleader (C.A. Vaidyalingam), K.P. Raman and P.S. Menon for Respondent in A.A.O. Nos. 486 and 568 of 1952.
M.S. Venkatarama Aiyar and A. Dorairaj for Petitioners in C.R.P. Nos.594 and 915 of 1952.
The Government Pleader (C.A. Vaidyalingam) and S. Ramachandra Aiyar for Respondents in C.R.P. Nos.594 and 915 of 1952.

Chandra Reddy, J.-

The question involved in all these cases is whether the District Court or the Sub-Court has jurisdiction to hear and dispose of suits or applications commenced under Madras Act (II of 1927) and pending before it after the passing of the Madras Hindu Religious and Charitable Endowments Act, 1951 (Act No.XIX of 1951) and they can therefore be disposed of in a common judgment.

C.M.A. No.486 of 1952:-This is an appeal against the order of the District Judge of South Malabar returning the plaint for presentation to the proper Court or tribunal. The appellant filed O.S. No.3 of 1949 in the District Court of South; Malabar for setting aside an order modifying a scheme settled under section 57 of Act II of 1927 (hereinafter referred to as the old Act). Sub-section 7 of section 57 of the old Act conferred the right of suit on the trustee or any person having interest to institute a suit to set aside or modify a scheme within six months of the date of publication. Pending the suit, Act II of 1927 was repealed and re-enacted as the Madras Hindu Religious and Charitable Endowments Act (XIX of 1951) (hereinafter referred to as the new Act). After the new Act came into force the

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1954 Supreme(Mad) 222

CHANDRA REDDI, GOVINDA MENONSri Ganapathy Raja Valia Raja of Edappally Sivaroopam, hereditary Trustee of Ponmala Ayyappan Temple and Angadiparamba Siva Temple – AppellantVersusThe Commissioner for Hindu Religious and Charitable Endowments, Madras – Respondent

Cases Referred (1)

CHANDRA REDDI, GOVINDA MENON
Sri Ganapathy Raja Valia Raja of Edappally Sivaroopam, hereditary Trustee of Ponmala Ayyappan Temple and Angadiparamba Siva Temple – Appellant
Versus
The Commissioner for Hindu Religious and Charitable Endowments, Madras – Respondent