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Pazhangotte Unnikanna Menon Vs. Karimkulangara tarward Karnavan, Lakshmi Vayankara Amma's son Kesavan Unni Nair and Ors. (15.03.1937 - MADHC) - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtChennai
Decided On
Reported in(1937)2MLJ358
AppellantPazhangotte Unnikanna Menon
RespondentKarimkulangara tarward Karnavan, Lakshmi Vayankara Amma's son Kesavan Unni Nair and Ors.
Cases ReferredRamaswami Poosari v. The Madras Hindu Religious Endowments Board
Excerpt:
- .....favour of the tarwad of defendants 1 to 29 and the sole question for determination is whether the melkanom granted by the second plaintiff, one of the five trustees, to the first plaintiff, is valid. the melkanom was not granted in consultation with the other trustees nor is it the act of t&e; majority. it would therefore be invalid under the general law, vide kunhan v. moorthi : (1910)20mlj951 and the execution of renewals in favour of the original kanomdars by the other trustees independently of the second plaintiff cannot possibly entitle the second plaintiff to act by himself. the melkanom in question cannot therefore be upheld under the general law, nor does section 76 of the madras hindu religious endowments act empower the endowments board to authorise an alienation of temple.....
Judgment:

Lakshmana Rao, J.

1. This second appeal arises out of a suit for redemption of a kanom granted by the trustees of the Chen-gattoor Ayyappan temple in favour of the tarwad of defendants 1 to 29 and the sole question for determination is whether the melkanom granted by the second plaintiff, one of the five trustees, to the first plaintiff, is valid. The melkanom was not granted in consultation with the other trustees nor is it the act of t&e; majority. It would therefore be invalid under the general law, vide Kunhan v. Moorthi : (1910)20MLJ951 and the execution of renewals in favour of the original kanomdars by the other trustees independently of the second plaintiff cannot possibly entitle the second plaintiff to act by himself. The melkanom in question cannot therefore be upheld under the general law, nor does Section 76 of the Madras Hindu Religious Endowments Act empower the Endowments Board to authorise an alienation of temple property by persons not competent under the general law to deal with it. That section only invalidates alienations of the kind specified therein by competent persons unless sanctioned by the Board on the ground of necessity or benefit and, as pointed out in Ramaswami Poosari v. The Madras Hindu Religious Endowments Board (1934) 68 M.L.J. 178 in which the powers of the Board under Section 18 of the Act as amended in 1930 were considered, the Board has no powers of interference with hereditary trustees of excepted temples, as in this case, in matters of internal management. The Act does not authorise the Board to ignore the existence of hereditary trustees or supersede them, nor does Section 18 empower the Board to authorise an alienation of temple property by a person not competent to deal with it under the general law. There was also no occasion for the exercise of any emergency powers and it follows that the Subordinate Judge was right in holding that the melkanom was invalid. The suit was therefore rightly dismissed and the first plaintiff may enforce his claim, if any, in respect of the renewal fee for the melkanom in a separate suit.

2. The second appeal therefore fails and is dismissed with costs of the third respondent.

3. Leave is refused.


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