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1936 Supreme(Mad) 424

VARADACHARIAR
The Board of Commissioners for the Hindu Religious Endowments – Appellant
Versus
P. V. R. Ratnasami Pillai – Respondent


JUDGMENT

Varadachariar, J.

1. This is a revision petition asking this Court to revise the order passed by the District Judge of West Tanjore on an application presented to him under Section 84 of the Madras Hindu Religious Endowments Act. The point raised in the case has been decided by Cornish, J., adversely to the Board, in another case Rajagopala Chettiar v. Hindu Religious Endowments Board (1933) 40 L.W. 288, as the correctness of that decision was challenged on behalf of the petitioner, this case has been directed to be posted before this Bench for determination of the question.

2. The Hindu Religious Endowments Act of 1927 defined an excepted temple in certain terms in Clause 5 of Section 9. By an Amending Act of 1930 a new definition has been substituted. Some time in 1927, the temple, to which this application relates, was held by the Board to be an excepted temple within the meaning of the definition as it stood in the Act of 1927. After the Amending Act of 1930 had been passed, the Board has held that according to the new definition this temple is not an excepted temple. Against this latter decision of the Board the trustees of the temple filed the application out of which t




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