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Muthuvelu Pillay Vs. Aiyasawmi Naick and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty;Trusts and Societies
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.7
AppellantMuthuvelu Pillay
RespondentAiyasawmi Naick and ors.
Excerpt:
lease - lease of temple lands--permanent rights of occupancy--power of trustees. - .....under regulation vii of 1807. the documents re- late to the settlement of the assessment and of the swamibogam due to the temple. there are such words as 'permanent', 'you and your heirs' used in their documents in connection with their holding. having regard to the history of the revenue settlement of this district, we cannot regard these terms as conferring a permanent right. the privy council has held, in mayandi chettiyar v. chockalingam pillay 27 ma. 291 : 31 i.a. 83 : 14 m.l.j. 200 : 8 c.w.n. 545, that it is not competent to the trustee of a temple, in the absence of special circumstances, to grant a permanent lease of temple property. we think the decision of the district judge is right and dismiss the second appeal with costs.2. the memorandzum of objections is dismissed with.....
Judgment:

1. The lands sued for are ryotwari lands for which the pattah stands in the name of a temple. The defendants set up occupancy right Reliance is placed on Exhibits Nos. IV, VI, I, II, and VII in sup- port of the right. The temple was at the time under the management of Government under Regulation VII of 1807. The documents re- late to the settlement of the assessment and of the swamibogam due to the temple. There are such Words as 'permanent', 'you and your heirs' used in their documents in connection with their holding. Having regard to the history of the Revenue Settlement of this District, we cannot regard these terms as conferring a permanent right. The Privy Council has held, in Mayandi Chettiyar v. chockalingam Pillay 27 Ma. 291 : 31 I.A. 83 : 14 M.L.J. 200 : 8 C.W.N. 545, that it is not competent to the trustee of a temple, in the absence of special circumstances, to grant a permanent lease of temple property. We think the decision of the District Judge is right and dismiss the second appeal with costs.

2. The memorandzum of objections is dismissed with costs.


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