Velupillai Arumogam V. Saravanamuttu Ponnasamy

Present: Bertram C.J. and Garvin J.

VELUPILLAI ARUMOGAM et al. v. SARAVANAMUTTU PONNASAMY.

74-D. C. Jaffna, 14,577.

    Hindu Temple-Action by members of congregation-Removal of hereditary manager-Hindu law and custom-Trusts Ordinance, No. 9 of 19111 section 102.

Where the members of the congregation of a Hindu temple sued the hereditary manager of the temple for a declaration that they are entitled to the management of the temple, for the removal of the hereditary manager, and for the settlement of a scheme for the management of the temple and its temporalities.

Held, that the claim for the removal of the hereditary manager could not be sustained. The object of section 102 of the Trusts Ordinance is not to alter the religious law and custom by which Hindu temples are governed, but to give effect to that law and custom.

Held, further, that the plaintiffs were entitled to a declaration that the temple and the lands, with which it was endowed, were subject to a charitable trust within the meaning of the Trusts Ordinance, and also to an order settling a scheme for the management of the temple in accordance with

Click Here to Read the rest of this document