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1937 Supreme(Mad) 228

VARADACHARIAR
Bhavanam Nagireddi – Appellant
Versus
The Board of Commissioner for Hindu Religious Endowments – Respondent


JUDGMENT

Varadachariar, J.

1. This petition arises out of an application under Section 84 of the Madras Hindu Religious Endowments Act. The Board had held the temple in question to be a " temple " within the meaning of the Act; the petitioners contended before the lower Court and contended before me that the requisites of the definition of a "temple" as given in Section 9(2) of the Act are not satisfied in the present case.

2. I cannot ignore the fact that this Court can deal with the matter only subject to the limitations laid down in Section 115, Civil Procedure Code. The learned District Judge cannot be said to have ignored the terms of the definition in the Act, because his order winds up with the very terms employed in that definition. If I were satisfied that on any of the considerations on which his judgment is based he had fallen into such a serious error that it could be said to have fundamentally misled him in dealing with the question, I might perhaps have been disposed to interfere even under Section 115. But far from being so satisfied, I think that there are one or two considerations not adverted to by him which rather go to support his conclusion. For instance, the trus




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