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T.S. Nateshmurthy and ors. Vs. Government of Mysore - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtKarnataka High Court
Decided On
Case NumberRegular Appeal No. 108 of 1949-50
Judge
Reported inAIR1954Kant87; AIR1954Mys87
ActsHindu Law; Code of Civil Procedure (CPC), 1908 - Order 1, Rule 10
AppellantT.S. Nateshmurthy and ors.
RespondentGovernment of Mysore
Appellant AdvocateM. Lakshminarayana Rao, Adv.
Respondent AdvocateA.R. Somanatha Iyer, Adv. General
Excerpt:
.....infrastructure corridor project (bmic project) petitioners frame-work agreement with government of karnataka - inordinate delay on the part of the respondents with regard to shifting or diverting certain utilities which are clashing with the right of way of the link road and the peripheral road failure to perform its obligation by respondents (bwssb etc.,) writ petition held, having regard to the pronouncements of high court as well as the supreme court insofar as the present project is concerned, it would be inconsistent if this petition were to be rejected on the ground that it would fall in the realm of private contract law or that there is an alternate remedy of the petitioners insofar as any breach of obligation on the part of respondents is concerned or on the..........with respect to all the items and the evidence shows that it was acquired with the aid of mutt properties and treated as such. it is also clear that as a result of the complaints about mismanagement of the properties an order was passed by government on 7-12-1938 after enquiry for vesting the management in government and possession of the properties was actually taken by the officers of government on 29-5-1941.3. the contention of sri lakshminarayana rao learned counsel for appellants is that the mortgagors who were the defendants in the case were the managers of the mutt, the amounts were utilised for the benefit of the mutt and therefore the proceedings culminating in the court sale are binding on the mutt and government. for one thing this is not the ground on which relief.....
Judgment:

Venkataramaiya, J.

1. This appeal arises from a suit for possession of the lands described in the plaint schedule and mesne profits. The plaintiffs are the sons of the purchaser of these properties at a Court sale held in execution of a mortgage decree obtained by him against two persons Mallikarjunaswamy and his father Mallappa. Defendant is the Government of Mysore whose servants are said to have wrongfully dispossessed the plaintiffs. That the properties were hypothecated to plaintiff's father 'under a registered deed, Ex. A, dated 20-6-1932 executed by Mallappa and his son, that the mortgage was sued upon in O. S. No. 77 of 43-44, that in Execution Case No. 108 of 43-14 the properties were purchased by plaintiffs' father in satisfaction of the decree and that subsequent proceedings in Mis. 101 of 45-46 also indicate delivery may all be deemed to be proved. The suit is dismissed on the ground that the properties did not belong to the defendant-judgment-debtors but to the Channabasavaswamy Mutt of Poorigali, that the management of the properties was taken over by Government under an order dated 7-12-1938 and that the proceedings relied upon are not binding on the Mutt.

2. Although it was alleged in the pleadings that the lands in dispute were the property of defendant, it is not and cannot be now disputed that the Mutt is the real owner. There is overwhelming evidence to show this and unqualified admission of the judgment-debtors themselves in the petitions and statements previously made by them (See Ex. 12) to support it. The argument that 3rd item should at least be held to be the private property of the defendants cannot be accepted as the prior admission was absolute and unqualified with respect to all the items and the evidence shows that it was acquired with the aid of Mutt properties and treated as such. It is also clear that as a result of the complaints about mismanagement of the properties an order was passed by Government on 7-12-1938 after enquiry for vesting the management in Government and possession of the properties was actually taken by the officers of Government on 29-5-1941.

3. The contention of Sri Lakshminarayana Rao learned Counsel for appellants is that the mortgagors who were the defendants in the case were the managers of the Mutt, the amounts were utilised for the benefit of the Mutt and therefore the proceedings culminating in the Court sale are binding on the Mutt and Government. For one thing this is not the ground on which relief was claimed in the plaint and the prior litigation too proceeded on the footing that the lands were the private property of defendants. Secondly the defendants, having ceased to be the managers and being deprived of the properties could not represent the Mutt in the proceedings for enforcement of the mortgage. Whatever may be the effect of these against the defendants, the rights of the Mutt as owner of the lands remain undisturbed. The question at present is not whether the debt was contracted for a purpose binding on the Mutt but whether the suit and the subsequent proceedings are binding on it. The debtors may have been the managers at the time the mortgages were effected but had ceased to be so when, the suit was filed. 43 Mys. 466 (A) cited for Appellants cannot be considered as supporting the view that persons who arc deprived of management of Mutt by an order passed in accordance with law can act for or on behalf of the Mutt.

4. The decision of the Calcutta High Court in -- 'Ganga Sahai v. Indarjit Singh', 11 Ind Cas 290 (All) (B), is that when a decree has been obtained against, a person on the allegation that he is the shebait of a temple and is sought to be executed against the successor of the judgment-debtor it is open to the person against whom the application for execution is made to show that the decree was obtained against a person who was not a shebait and that consequently it is not capable of execution against the properties of the endowment in his hands. The sale relied upon by plaintiffs cannot be regarded as conveying to the purchaser the rights of the Mutt in the plaint schedule properties. There is no reason to interfere with the dismissal of the suit. The appeal is consequently dismissed with costs.

5. Appeal dismissed.


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