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1953 Supreme(Mad) 59

GOVINDA MENON, BASHEER AHMED SAYEED
Padmanabha Bhatta – Appellant
Versus
H. Ramachandra Rao – Respondent


Advocates:
K. Srinivasa Rao for Appellants in S.A.No.2 of 1949 and T. Krishna Rao for Appellant in S.A.No.47 of 1949.
M.K. Nambiar and A. Narayana Pai for Respondents in both.

Govinda Menon, J.-

These two second appeals arise out of O.S.No.113 of 1944 on the file of the Subordinate Judge’s Court of South Kanara. The appellants in each of these appeals are persons who allege themselves to be the owners of the properties which are the subject-matter of dispute. Defendants 10, 11 and 8 are the appellants in S.A.No.2 of 1949 and defendants 2 and 4 are the appellants in S.A.No.47 of 1949. The plaintiffs, who are the contesting respondents, are the trustees of the suit temple appointed by the Hindu Religious Endowments Board and they seek to recover possession of the plaint properties from the defendants on the ground that they are temple properties. The appellants in these appeals originally belonged to one family which became divided long ago and they put forward the contention that the properties are not tempi; properties but belonged to the joint family of which they constituted members, though there was an obligation fastened on them, viz., that with part of the income from the properties certain ceremonies in the temple should be conducted. Both the lower Courts found that the temple is the owner and directed surrender of possession of the properties by t












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