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1940 Supreme(Mad) 450

WADSWORTH
T. V. Bashyakar – Appellant
Versus
The Madras Hindu Religious Endowments Board, by its President – Respondent


JUDGMENT

Wadsworth, J.

1. This appeal and the Civil Revision Petition which is filed in the alternative challenge the correctness of the decision of the District Judge of Chingleput on an application to set aside an order of the Hindu Religious Endowments Board declaring the temple of Sri Devarajaswami at Conjeeveram to be an excepted temple on the ground that the right of succession to the office of trustee has been hereditary. The learned District Judge agreed with the view of the Board that the temple was an excepted temple within the definition in Section 9(5) of the Madras Hindu Religious Endowments Act.

2. A preliminary objection raises the question whether the appeal is maintainable and if not whether there are any grounds which justify interference in revision. In our opinion, there is no right of appeal against the order of the Court under Section 84(2) of the Madras Hindu Religious Endowments Act. So much was decided by the Full Bench which heard the case of Rajagopala Chettiar v. Hindu Religious Endowments Board, Madras (1933) 66 M.L.J. 43 : I.L.R. 57 Mad. 271 . It has however been contended that this decision is no longer authoritative in the light of the decision of a lat










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