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Annasami Ayyangar Vs. S. Narayanan Chettiar and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in54Ind.Cas.263
AppellantAnnasami Ayyangar
RespondentS. Narayanan Chettiar and ors.
Excerpt:
civil procedure code (act v of 1908), section 92 - temple, management of--scheme suit--trustees, additional, appointment of validity of. - .....the temple in addition to the representatives of the families of rama aiyar and ramu iyengar. the learned subordinate judge stated in his judgment that the representatives of the plaintiffs' community made large additions to the temple at great cost, and it was admitted before him that they had purchased the properties for conducting the worship and festivals of the temple to the extent of rs. 30,000. no evidence was apparently taken in this case, as the parties agreed that a scheme should be framed by the learned subordinate judge. and there is no affidavit before us to show that the statement in the judgment which is referred to is incorrect. we think, under the circumstances, that the judge was justified in having the ayirathala war community represented on the board of trustees :.....
Judgment:

1. The only objection to be considered is as to the appointment of two members of Ayirathalawar community and of the residents of Jangamarajapuram or Mangammalpuram as trustees of the temple in addition to the representatives of the families of Rama Aiyar and Ramu Iyengar. The learned Subordinate Judge stated in his judgment that the representatives of the plaintiffs' community made large additions to the temple at great cost, and it was admitted before him that they had purchased the properties for conducting the worship and festivals of the temple to the extent of Rs. 30,000. No evidence was apparently taken in this case, as the parties agreed that a scheme should be framed by the learned Subordinate Judge. And there is no affidavit before us to show that the statement in the judgment which is referred to is incorrect. We think, under the circumstances, that the Judge was justified in having the Ayirathala war community represented on the board of trustees : and the appointment of members from the village officers or residents of the two villages mentioned above seems to be a proper thing.

2. The appeal is, therefore, dismissed with costs of respondents Nos. 1 to 4.

3. The memorandum of objections is not pressed and is dismissed with costs of the appellant.


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