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1950 Supreme(Mad) 105

GOVINDA MENON
S. N. Pachamuthu Nadar – Appellant
Versus
Naga Pillai – Respondent


Advocates Appeared:
G.R. Jagadisa Iyer - for Petitioner; R. Vaidhyanathan - for Respondenls.

Judgement

Order.:-Original Petition No. 49 of 1948 on the file of the District Court of East Tanjore is an application for leave to sue in forma pauperis by some relators of a temple seeking to recover property on behalf of the temple and for possession to be delivered over to the defaulting trustees who had not taken steps to get the property from the alienees. The point was raised as to whether the petitioners respondents could sue in that capacity unless it is shown that the entire body of people who claim to be worshippers of this temple are paupers. The learned Judge has found that individually the petitioners are paupers and therefore granted the application to sue in forma pauperis. Mr. G. R. Jagadisa Aiyar for the petitioner in this Court relies upon a decision of Rajamannar J. as he then was in Vellingiri Naicken v. Sree Patteswaraswami Devastanam, 1949-1 M.L.J. 558 : (a. I. R. (36) 1949 Mad. 714). The learned Judge there had to consider the case where some members of a village community sought leave to sue in forma pauperis to recover lands on behalf of the village community claiming that they are communal lands. Bajamannar J. held that unless it is shown that the entire b

















































































































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