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1949 Supreme(Mad) 111

P.V.RAJAMANNAR, VISWANATHA SASTRI, RAGHAVA RAO
Sankaranarayanan Iyer – Appellant
Versus
Sri Poovananathaswami Temple, Koilpatti, through Executive Officer – Respondent


Advocates:
A. Sundaram Aiyar for Appellant.
V. Ramaswami Aiyar for Respondents.

Judgment

Order of Reference to a Full Bench.-This appeal brings into prominence a conflict of decisions as regards the maintainability of suits filed by so-called de facto trustees for recovery of possession of property alleged to belong to the trust or institution concerned. The learned District Munsiff following the decision in Atmaram Rao’s Charity v. Packiri Mohammed1, by Horwill, J., who followed Vedakannu Nadar v. Ranganatha Mudaliar2, a bench decision by Abdur Rahman and Venkatasubba Rao, JJ., dismissed the present suit holding that a suit by a de facto trustee was not maintainable. The learned Subordinate Judge has remanded the suit following another line of decisions holding that if the plaintiff-Devasthanam were to prove that it is a de facto trustee and is in possession and management of the other properties of another Devasthanam it can maintain this suit. Subsequent to the bench decision in Vedakannu Nadar v. Ranganatha Mudaliar2 there is a decision by Wadsworth, J., in Subramania Gurukkal v. Srinivasa Rao3 in which this bench decision is nowhere considered and in which it was clearly held following two other decisions, Appasami Pillai v. Ramu Thevar4 and Kasi Chetty v.




























































































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