COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BANGALORE Vs. COMMITTEE OF MANAGEMENT OF THE JEEVA SAMADHI OF SRI YERRISWAMI TATA CHELLAGURKI BELLARY

JUDGEMENT

(1.) this is a defendants'appeal against the judgment and decree of district judge, bellpry, in o.s. 1 of 1975. Respondents- plaintiffs fi!ed a suit under Section 62 of the Madras hindu religious and charitable endowments act of 1951, (hereinafter called act of 1951), in respect of an institution called ''yerriswamy samadhi" situated in village chellagurki, beliary district. Plaintiffs styled themselves as a committee of management; admittedly it is not a committee constituted under any statute or by any statutory authority. Vital prayers in the suit, which are relevant, are as follows :

(2.) whether the 1st plaintiff committee is validly constituted andhas a right to file the present suit?

(3.) whether the board of commissioner, Madras has by its orderdated 2-8-4-1 has held the plaintiff institution as a temple and whether the commissioner for endowments has upheld the said order?