Skip to content


Sankaramurti Mudaliar Vs. Chidambara Nadan - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtChennai
Decided On
Judge
Reported in(1894)ILR17Mad143
AppellantSankaramurti Mudaliar
RespondentChidambara Nadan
Excerpt:
suit by the dharmakarta of a temple to recover possession of temple property - religious endowments act--act xx of 1863, section 12. - .....the lower courts are in error in supposing that the present suit is of the nature of the suits which the committee are authorized to bring by section 12 of act xx of 1863. that section relates only to the rents of property transferred by the board of revenue or local agents of government to the committee, and it is not alleged that the property in question in this suit was so transferred, and moreover this is not a suit for rent. the right to bring suits for the recovery of the property of a religious or charitable institution is vested as an ordinary incident of his office in the trustee or manager of such institution unless he is precluded by any special law from exercising it. there is nothing in the act to take away such right from trustees appointed by the committee, and therefore.....
Judgment:

1. The lower Courts are in error in supposing that the present suit is of the nature of the suits which the committee are authorized to bring by Section 12 of Act XX of 1863. That section relates only to the rents of property transferred by the Board of Revenue or local agents of Government to the committee, and it is not alleged that the property in question in this suit was so transferred, and moreover this is not a suit for rent. The right to bring suits for the recovery of the property of a religious or charitable institution is vested as an ordinary incident of his office in the trustee or manager of such institution unless he is precluded by any special law from exercising it. There is nothing in the Act to take away such right from trustees appointed by the committee, and therefore plaintiff is entitled to maintain this suit. We reverse the decrees of the Courts below and remand the suit to the Court of First Instance for disposal on the merits. Costs hitherto incurred including costs of this appeal will be costs in the cause.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //