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AmIn Miran Sahib and ors. Vs. Medan HussaIn Sahib - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1118
AppellantAmIn Miran Sahib and ors.
RespondentMedan HussaIn Sahib
Excerpt:
religious endowments act (xx of 1863,), sections 14, 18 - sanction to institute suit, when required. - 1. if the suit for which sanction has been granted was a suit under section 14 of the religious endowments act there would be no ground for interference under section 622, c.p.c. but it is clear from the application for sanction that the suit for which sanction is sought is not the suit against the defendants as trustees, managers, or superintendents of the mosque or as members of committee. it is only such suits that are contemplated by section 14 of the religious endowments act and it is not shown that the act makes any other provision for the bringing of suits. it is for the institution of suits referred to in section 14 that sanction is required under section 18. the district judge has, therefore, no jurisdiction to grant sanction in the present case and the sanction is set aside with.....
Judgment:

1. If the suit for which sanction has been granted was a suit under Section 14 of the Religious Endowments Act there would be no ground for interference under Section 622, C.P.C. But it is clear from the application for sanction that the suit for which sanction is sought is not the suit against the defendants as trustees, managers, or superintendents of the mosque or as members of Committee. It is only such suits that are contemplated by Section 14 of the Religious Endowments Act and it is not shown that the Act makes any other provision for the bringing of suits. It is for the institution of suits referred to in Section 14 that sanction is required under Section 18. The District Judge has, therefore, no jurisdiction to grant sanction in the present case and the sanction is set aside with costs.


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