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1936 Supreme(Mad) 288

VARADACHARIAR
Sri Mahant Sitaram Dass Bavaji – Appellant
Versus
The Madras Religious Endowment Board – Respondent


JUDGMENT

Varadachariar, J.

1. This appeal arises out of a suit under Section 63(4) of the Hindu Religious Endowments Act, impugning a scheme framed by the Board for the management of a group of mutts. Only two points have been pressed before us : (1) as to the propriety of giving the associate trustee overriding powers over the Mahant, and (2) as to the power of the Board to settle a list of properties belonging to the institution. The latter point may be briefly disposed of.

2. It does not appear from the record whether any objection was taken by or on behalf of the Mahant before the Board about the properties to be included in the list attached to the scheme of properties belonging to the mutt. We cannot agree with the contention advanced by Mr. Jagannath Doss, on behalf of the Mahant, that the Board has no power to settle such a list. Section 63 undoubtedly gives power to the Board to frame a scheme for the management of the institution and this power carries with it the power to settle what the properties of the institution are, so that the authority framing the scheme may know what properties are to be governed by the scheme and what the resources are whose disposal is to be prov







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