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The Commissioner for Hindu Religious and Charitable Endowments and ors. Vs. K. Eranna and ors. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal Nos. 528 and 529 of 1971
Judge
Reported inAIR1974SC2076; (1974)2SCC585; 1974(6)LC531(SC)
ActsMadras Hindu Religious and Charitable Endowments Act, 1951 - Sections 39 and 41;
AppellantThe Commissioner for Hindu Religious and Charitable Endowments and ors.
RespondentK. Eranna and ors.
Cases ReferredK. Mukundaraya Shenoy and Ors. v. State of Mysore and Anr.
Prior historyFrom the Judgment and Order dated 20th February, 1970 of the Mysore High Court,Bangalore, in AIR 1970
Excerpt:
- .....no. 5 to 9 as trustees of three temples situated at malapanagudi village in hospet taluk, bellary district.3. the resolution was passed in exercise of powers under sections 39 and 41 of the madras hindu religious and charitable endowments act 1951 hereinafter referred to as the act. these two sections were struck down by the high court at bangalore in the decision in k. mukundaraya shenoy and ors. v. state of mysore and anr. (1), reported in . the high court therefore held that the resolutions passed by the area committee under those two sections were invalid.4. counsel for the appellants wanted to raise a contention that sections 30 and 41 of the act remained in force in the district of bellary. this contention was not raised in the high court. we therefore did not allow that.....
Judgment:

Ray, C.J.

1. These two appeals are by special leave from the judgment dated 20th February, 1970 of the High Court at Bangalore.

2. The appellants challenged the resolution of the Area Committee, Bellary dated 30th May, 1969 appointing respondents No. 5 to 9 as trustees of three temples situated at Malapanagudi village in Hospet Taluk, Bellary District.

3. The resolution was passed in exercise of powers under Sections 39 and 41 of the Madras Hindu Religious and Charitable Endowments Act 1951 hereinafter referred to as the Act. These two sections were struck down by the High Court at Bangalore in the decision in K. Mukundaraya Shenoy and Ors. v. State of Mysore and Anr. (1), reported in . The High Court therefore held that the resolutions passed by the Area Committee under those two sections were invalid.

4. Counsel for the appellants wanted to raise a contention that Sections 30 and 41 of the Act remained in force in the District of Bellary. This contention was not raised in the High Court. We therefore did not allow that submission.

5. The appeals are dismissed.


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