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1939 Supreme(Mad) 155

VENKATARAMANA RAO
Ponnuman Dikshitar – Appellant
Versus
The Board of Commissioners for the Hindu Religious Endowments – Respondent


JUDGMENT

Venkataramana Rao, J.

1. Appeal No. 306 of 1936.- This is an appeal from the judgment of the learned District Judge of South Arcot modifying a scheme framed by the Madras Hindu Religious Endowments Board in regard to the temple of Sri Sabanayakar alias Nataraja of Chidambaram. This action was filed as a representative suit on behalf of the Dikshitars (who are said to be over 200 in number) who claim to be trustees - archakas and poojaris of the said temple. Before the learned District Judge various questions as to jurisdiction were raised. It is unnecessary for us to mention all of them. It is sufficient for us to say that one of the main questions raised in this behalf was in regard to the non-applicability of the Hindu Religious Endowments Act and the consequent want of jurisdiction in the Board to frame a scheme. The contention of the Dikshitars is that the suit temple is only a private temple and not a public religious institution within the meaning of the Act and therefore the Board had no jurisdiction to frame a scheme. Another contention in regard to jurisdiction was that even assuming that the Board had jurisdiction, the provisions of Sections 62 and 63 of the Act we







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