SWAMY ATMANANDA Vs. RAMKRISHNA TAPOVANAM

JUDGEMENT

(1.) THE question as to whether the jurisdiction of the Civil Court stands ousted in terms of Sections 53 and 53A of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 (hereinafter referred to as 'the Act') falls for consideration in this appeal which arises out of a judgment and order dated 13.10.1999 passed by a Division Bench of the Madras High Court in A.S. No.568 of 1998 whereby and whereunder the appeal preferred by the appellants herein from a judgment and decree dated 7.8.1998 passed in O.S. No.1254 of 1994 by the Subordinate Judge, Tiruchirapally decreeing the plaintiff-respondents' suit, was dismissed. BACKGROUND FACTS :

(2.) THE first respondent herein (hereinafter referred to as Tapovanam') is a registered Society. It was founded by Swamy Chidbavananda. It has been functioning since 1942. THE said Swamy Chidbavananda used to propagate the ideals of Swamy Ramakrishna Param Hans nCd Swamy Vivekananda. It started func- loning at Ooty and later shifted to "hiruparaithurari. A number of branches vere established at various places, namely, thiruvedagam, Courtallam, Chitraichavadi, thirunelveli, Kodaikanal, Ramanathampuram, Rameshwaram, Salem and Karur. Educational institutions and ashrams as well as dispensaries were established at all these places. Swamy Chidbavananda during his life time acquired various properties by collecting funds from the public, which partook the character of trust property.

(3.) IN the said suit the trial Judge framed the following issues :