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1979 Supreme(Mad) 375

S.PADMANABHAN
Vallaba Ganesar Devasthanam,Sannadhi Street,Tiruvannamalai,represented by: 1) Kailasa Mudaliar – Appellant
Versus
A. Anandavadivelu Mudaliar – Respondent


Advocates:
Advocate Appeared:
T.R. Ramachandran, T.R. Rajagopalan, N. Subramanyam and T.R. Rajaraman, for Appellants.
M.N Padmanabhan and M.A. Adiseshan, for 1st Respondent.
The Additional Government Pleader, for 2nd Respondent.
B. Kumar, for 21st Respondent.
G. Jagadesa, Iyer, for 22nd to 25th Respondents.

Judgment

The question that arises for consideration in this appeal is whether the suit which is for a declaration that the suit properties are trust properties belonging to Sri Vallaba Ganesar Devasthanam, Tiruvannamalai and for recovery of possession of the same is barred under section 108 of the Tamil Nadu Hindu Religious and Charitable Endowments Act (Tamil Nadu Act XXII of 1959), (for short, the Act).

2. The plaintiffs in O.S. No. 24 of 1974 on the file of the Sub-Judge, Tiruvannamalai viz., Sri Vallaba Ganesar Devasthanam, Tiruvannamalai by trustees are the appellants.

3. The facts leading to the institution of the suit may be briefly stated as follows. There is a temple called Sri Vallaba Ganesar Devasthanam, Thiruvannamalai. The suit properties are the Devasthanam properties having been endowed by its original owner in favour of the temple. The first defendant had been appointed as a truster of the temple. Subsequently, plaintiffs 1 to 4 have been appointed as trustees of the Devasthanam for a period of 3 years by the Hindu Religious and Charitable Endowment Board, (for short, the Board). The appointment was made on 29th September, 1973. The first plaintiff has been elected cha






















































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