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1938 Supreme(Mad) 305

GENTLE
A. Venkatasubbu Mudaliar – Appellant
Versus
G. Narayanaswami Chetty – Respondent


JUDGMENT

Gentle, J.

1. The Sri Kapaliswarar Temple in Mylapore is one to which the provisions of the Hindu Religious Endowments Act (XX of 1863) hereinafter called "the Act" apply, and it is included amongst the temples falling within Section 3 thereof. Defendants 1 to 11 are sued as the members of the Madras Hindu Devasthanam Committee, which Committee is responsible for the superintendence of this, amongst other temples. The plaintiffs were trustees of the temple appointed by the Committee. The second plaintiff was appointed as interim trustee; the 12th defendant was appointed as interim trustee at a meeting of the Committee whereat the second plaintiff was dismissed from his office of interim trustee.

2. The plaintiffs claim

(1) the following declarations:

(a) that the dismissal of the second plaintiff as interim dharmakarta was irregular and illegal and that he is entitled to continue in his office;

(b) that the appointment of the 12th defendant in place of the second plaintiff was illegal and void;

(c) that the resolution of the Committee dated 6th May, 1935, relating to the above dismissal and appointment were illegal, ultra vires and invalid; and

(2) An injunction restraining the de









































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