S M R BALASUBRAMANIAM Vs. COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ADMINISTRATION DEPARTMENT

JUDGEMENT

(1.) This appeal is filed against the judgment and decree dated 29/6/1999 passed by the learned Subordinate Judge of Namakkal in O.S.No.329 of 1992.

(2.) Following are the allegations contained in the plaint -

(3.) The allegations in the written statement filed by the defendant are succinctly stated as follows - It is incorrect to state that the paternal grand father of the plaintiff established the temple in the year 1890 and that he had been in management till 1915. It is situated in poromboke land and the public worshipped the idol and gave donations. It is false to state that it is a private temple of the plaintiff and he is the hereditary trustee. He performed the kumbabishekam on 5.3.1982 as non-hereditary trustee. The plaintiff could not be termed as a hereditary trustee under any of the categories enumerated in Section 6 (11) of HR & CE Act. There is no basis to plead that he is the hereditary trustee. Hence, the suit may be dismissed.