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1949 Supreme(Mad) 33

LORD PORTER, SIR MADHAVAN NAIR, SIR JOHN BEAUMONT
N. S. Venkatagiri Ayyangar – Appellant
Versus
The Hindu Religious Endowments Board, Madras – Respondent


Judgment

Sir john Beaumont.-This is an appeal by special leave from a judgment and order of the High Court of Judicature at Madras dated the 6th November, 1944, which revised a judgment and decree of the Court of the District Judge of Ramnad at Madura dated the 7th August, 1943.

The only matter which arises for determination in this appeal, and upon which special leave to appeal was granted, is whether the learned Judges of the High Court had any power to interfere in revision with the said order of the District Judge.

On the 1st July, 1907, one Narayana, the grandfather of the appellants, made a will by which he founded a temple and directed his male heirs to act as trustees of the temple. Narayana died in 1910, and in 1915 the family became divided. Thereafter each branch of the family managed the temple for one year in rotation.

In 1927, the Madras Hindu Religious Endowment Act, 1926 (Act II of 1927) (hereinafter with its amendments referred to as the "Act") was passed. The Act authorised the creation of a Hindu Religious Endowments Board and empowered it to take over control of temples dedicated to the use of the public. Section 63 of the Act empowered the Board to settle a scheme





























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