S VEESA PANDARAM Vs. M GOPALASWAMI AND OTHERS

JUDGEMENT

(1.) The Petitioner herein was appointed as a trustee of the Kariya Kaliamman and Vinayagar Temple, Mylampadi, for a period of five years by the Area Committee on 19th February, 1961. His term expired on 19th February, 1971. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Coimbatore, appointed five persons, viz. the Respondents herein as trustees. Three of them filed an application before the Sub Divisional Magistrate, Erode, for orders for delivery of possession of the temple together with accounts. The Petitioner was impleaded by them as the first Respondent. The other two trustees were impleaded as Respondents 2 and 3. The Sub Divisional Magistrate has ordered delivery in favour of the five Respondents. The correctness of this order is now canvassed in this revision on the ground that the petition for delivery was not filed by all the five trustees jointly.

(2.) Under Section 101 of the Hindu Religious and Charitable Endowments Act, 1959, an application for the issue of a certificate by one only of the trustees, even if he happens to be the managing trustee, cannot be maintained. But, in order to obtain an effective determination of the question, it is necessary that the institution should be in the proper legal form and that can be achieved only when the entire body of trustees are on record, whether as Petitioners or as Respondents. (Vide) Kalladayah Poosari v. Arunachala Pandaram and another. Here in this case the other trustees were added as Respondents in the application. The order for delivery is also in their favour.

(3.) The revision fails and the same is dismissed.