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2000 Supreme(Mad) 1126

C.NAGAPPAN
T. K. Mannangatti – Appellant
Versus
Poongavanam S/o. Ponnusami and 4 others – Respondent


Advocates Appeared:
Mr. W .C. Thiruvengadam, Advocate for Appellant. Mr. Kandasamy, Advocate for Respondent Nos.1 to 3.
Mr. A. Arumugham, Government Advocate for Respondent Nos. 4 and 5.

Judgment :-

1. This appeal is preferred against the judgment of Sub-Court. Villupuram passed in O.S. No. 12 of 1985 which is a suit to set aside the order of the Commissioner for Hindu Religious and Charitable Endowments, Madras, the fifth defendant herein dated 3.9.84 passed in A.P. No. 99 of 1983 and for a declaration that the office of the trusteeship of the suit temples is hereditary. The plaintiff is the appellant.

2. The plaint averments can be summarised. The plaintiff is the hereditary trustee of three temples dedicated to Pillaiyar, Pidari Amman and Ammachiar at Thanikalampattu village, Tirukoilur Taluk. They are all ancient temples and have been in the management of the plaintiff and his ancestors for more than three generations. The plaintiff and his ancestors have been rendering service as Pusaris and also as hereditary trustees for the temples. A genealogical table showing the family tree of the plaintiff and his ancestors is appended to the plaint. Prior to the year 1980, Chinnathu Kounder was the trustee and Pusari of the suit temples and he died leaving his five sons, Ulakka Kounder, Kutturaju Kounder, Rama Kounder, Narayana Kounder and Ramanathan. After the death of


















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