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1951 Supreme(Mad) 315

P.V.RAJAMANNAR, VENKATARAMA AYYAR
The Commissioner for Hindu Religious Endowments Board, Madras – Appellant
Versus
Sri Vinayakar Arudra Tiruppani Sabha, having its office at No. 32, Vinai Theertha Vinayakar Koil Street, Kosapet, Madras – Respondent


Advocates:
M. Seshachalapathi and T.A. Ramaswami Reddi for Appellant.
N.K. Mohanarangam Pillai, M.V. Gopalaratnam and N.K. Pattabhiraman for Respondents.

The Chief Justice.-This is an appeal by the Hindu Religious Endowments. Board, Madras, against the judgment of Rajagopalan, J., setting aside its order dated 22nd February, 1949, in and by which they declared that the income from the property, namely, premises No. 32, Vinaitheertha Vinayakar Koil Street, Kosapet, Madras, is intended for the performance of Arudra festival in the temple of Sri Vinaitheertha Vinayakar in the said locality and that the income is a specific: endowment as defined in section 9(11-A) of Madras Act II of 1927.

In or about 1908 some of the residents of the said locality formed themselves; into an unregistered society with the object of collecting funds and performing festivals in the temple of Sri VinaitheerthaVinayakar, Kosapet at the time of the Arudra Darsanam. In 1913 the premises in question were purchased in the name of one of the members of the society, but evidently with the moneys collected by way of subscriptions from the members of the society. There is no dispute that the property belongs to the society. Subsequently the society was registered under Act XXI of 1860 in 1929. Exhibit P-4 is the memorandum of association of this registered society. T








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