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T.M.P. Devasenambal Ammal Vs. the Board of Commissioners for the Hindu Religious Endowments Board - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtChennai
Decided On
Reported in(1947)1MLJ397
AppellantT.M.P. Devasenambal Ammal
RespondentThe Board of Commissioners for the Hindu Religious Endowments Board
Excerpt:
- .....order of the board shall be final. under sub-section (3) of section 9, the court to which the application should be made is the district court of tinnevelly and it follows that the city civil judge had no jurisdiction to entertain the plaint. that being so the plaint should be returned for presentation to the proper court and the suit should not have been dismissed. the dismissal of the suit is therefore set aside and the plaint will be returned to the appellant for presentation to the proper court. there will be no order as to costs.
Judgment:

Lakshmana Rao, J.

1. The appellant applied to the Madras Hindu Religious Endowments Board under Sub-section (1) of Section 77 of the Madras Hindu Religious Endowments Act, 1926, for making an allocation of the income of the endowment in question and an order was passed by the Board that no allocation need be made. Subsection (2) of that section enacts that any party affected by an order under Sub-section (1) may within such time as may be prescribed apply to the Court to modify or set aside such order but, subject to the result of such application, the order of the Board shall be final. Under Sub-section (3) of Section 9, the Court to which the application should be made is the District Court of Tinnevelly and it follows that the City Civil Judge had no jurisdiction to entertain the plaint. That being so the plaint should be returned for presentation to the proper Court and the suit should not have been dismissed. The dismissal of the suit is therefore set aside and the plaint will be returned to the appellant for presentation to the proper Court. There will be no order as to costs.


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