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1963 Supreme(Mad) 133

S.RAMACHANDRA IYER, K.S.VENKATARAMAN
Navaneetham – Appellant
Versus
Commissioner, Hindu Religious and Charitable Endowments, Madras – Respondent


Advocates Appeared:
A. Srirangachariar, for Appellant.
The Government Pleader (A. Alagiriswami), for 1st Respondent.

JUDGMENT

Ramachandra Iyer, C.J.-

This is an appeal under clause 15 of the Letters Patent from the judgment of Jagadisan, J., setting aside the decree of the Subordinate Judge of Cuddalore in O.S. No. 82 of 1957 and restoring the scheme framed by the authorities functioning under the Hindu Religious and Charitable Endowments Act with respect to a specific endowment attached to Sri Kailasanathar Temple at Villupuram. By his will, dated 21st March, 1923, Ganesa Mudaliar, the husband of the appellant, endowed certain properties, the income from which was to be devoted for the performance of an utsavam in the local Perumal temple, for the performance of certain pujas and utsavam in Sri Kailasanathar Temple, and for the Gurupuja of Saint Manickavachagar. By the same document, he appointed his wife, Navaneethammal (the appellant herein), to be the trustee, investing her with a right to nominate her successor ; the successors too were to have a similar right of nomination of the next trustee. Soon after Ganesa Mudaliar's death, his agnate, the second respondent to this appeal, repudiated the will and he appears to have got possession of the properties by trespassing upon them. He even effect












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